Reply: Yes. Procedure applicable for additional protection of wines and spirits is elaborated in Chapter VII of the GI Rules.
Could India clarify whether the Registrar applies the rules of Chapter VII of the GIs Rules 2002 to wines and spirits, in particular Rules 79, 81, 81.(1) and (2)? In application of Rule 79, could the Registrar refuse the additional protection to wines or spirits and on what grounds?
Reply: Yes. The rules subsumed in Chapter VII of the GI Rules, 2002 will apply to registered GIs on wines and spirits which seek additional protection.
Yes, the Registrar could accept, refuse or accept with conditions the application seeking additional protection. The grounds for refusal or conditional acceptance would be communicated to the applicant after the Registrar has heard the applicant under Rule 80 of the GI rules. The communication will carry in writing the grounds for such action and the material used by him in arriving at the decision.
Could India explain the meaning of Section 85 of the GIs Act 1999 "Provisions as to reciprocity" and to what situation it is applicable?
Reply: Section 85 of the GIs Act 1999 is meant for countries who are not members of WTO where "Provisions as to reciprocity" may be invoked. However, Government of India has not issued any notification as yet to that effect.
(j) Enforcement
India has approved brand new laws on IPRs but still lacks on enforcement, which is undermining its own economic interests. For a knowledge economy like India, it is important to strike an appropriate balance between its legitimate IPR related developmental concerns and commercial aspects of IPR.
How is India striking this balance, including stronger enforcement of IPR laws and engagement in WIPO?
Reply: The enforcement measures adopted by India are in compliance with the TRIPS Agreement. There is no obligation to provide stronger enforcement of IPR Laws than those mandated by TRIPS.
