Section 18 of GIG Act, 1999 : Section 18: Duration, Renewal, Removal And Restoration Of Registration

Explanation using Example

Imagine a local community in Darjeeling has a registered geographical indication (GI) for 'Darjeeling Tea' which is known worldwide for its unique flavor. The registration is crucial to ensure that only tea from this region can be legally sold as 'Darjeeling Tea'.

The initial registration is for a period of ten years. As the end of this period approaches, the community, being the registered proprietor, must apply for renewal to continue the protection of their GI. They must do this within the prescribed time and pay the necessary fees to avoid their GI being removed from the register.

If they overlook the renewal notice sent by the Registrar and fail to renew within the prescribed time, they can still retain their GI registration by applying for renewal and paying a surcharge within six months after the expiration.

If the community fails to renew within those six months, they risk losing the exclusive rights to their 'Darjeeling Tea' GI. However, within one year of expiration, they may still have a chance to restore their GI registration by proving to the Registrar that the restoration is justified and by paying the prescribed fees.

In this scenario, timely renewal of the GI registration is critical for the community to maintain its legal rights to the 'Darjeeling Tea' name and to prevent misuse or appropriation by unauthorized producers.