Section 29 of GIG Act, 1999 : Section 29: Alteration Of Registered Geographical Indications

Explanation using Example

Imagine a company in India, "Darjeeling Tea Producers Pvt. Ltd.," is the registered proprietor of the geographical indication (GI) "Darjeeling" for tea. They decide to modernize their branding and want to change their GI logo to include a new design element that features the Himalayas more prominently. However, the company is aware that any alteration cannot substantially affect the identity of the GI "Darjeeling."

The company applies to the Registrar for permission to alter the GI, as per Section 29(1) of The Geographical Indications of Goods (Registration and Protection) Act, 1999. The Registrar, considering that the change is not substantial and does not affect the identity of the GI, grants permission with some conditions on how the new design should be used to ensure the GI's integrity is maintained.

To ensure that all stakeholders are aware and have the opportunity to oppose the change if they believe it affects the GI's identity, the Registrar decides to advertise the proposed alteration, as per Section 29(2). After the advertisement, a local tea growers' association files an opposition, fearing that the new design might mislead consumers. The Registrar holds a hearing to understand both sides before making a decision on the matter.

Once the Registrar decides in favor of the company, with or without additional terms, the altered GI is advertised as per Section 29(3), making the public aware of the change and completing the alteration process.