Comprehensive Guide to Registering a Geographical Indication in Pakistan

Comprehensive Guide to Registering a Geographical Indication in Pakistan

Introduction

Geographical Indications (GIs) are powerful tools for protecting products that derive their unique qualities from their place of origin, such as Basmati rice or Chaunsa mangoes from Pakistan. By registering a GI, producers can safeguard their regional heritage, prevent unauthorized use, and enhance the marketability of their goods. In Pakistan, the Geographical Indications (Registration and Protection) Act, 2020, and the Geographical Indications of Goods (Registration and Protection) Rules, 2020, provide a clear framework for GI registration, managed by the Intellectual Property Organization of Pakistan (IPO-Pakistan). This comprehensive guide details the procedure, timelines, required documents, and fees for registering a GI in Pakistan, drawing from official documents and the IPO-Pakistan website.

Understanding Geographical Indications

A Geographical Indication is a sign used on products that originate from a specific geographical area and possess qualities, reputation, or characteristics attributable to that origin. For example, Pink Himalayan salt is renowned for its mineral content, tied to the salt mines of Khewra. GIs protect the authenticity of such products, ensuring only those meeting the specified standards can use the indication, thus preserving cultural and economic value.

Benefits of GI Registration

Registering a GI in Pakistan offers several advantages:

• Exclusive Rights: Prevents unauthorized parties from using the GI, ensuring only products from the designated region can bear the name.
• Economic Boost: Enhances the marketability of regional products, supporting local economies and tourism.
• Legal Protection: The registration certificate serves as evidence in infringement disputes, with enforcement through the Intellectual Property Tribunal.
• Cultural Preservation: Safeguards traditional knowledge and regional heritage, promoting pride in local products.

Eligibility for GI Registration

Under the Geographical Indications (Registration and Protection) Act, 2020, the following entities can apply:

• Associations of persons, producers, organizations, or authorities representing the interests of producers of the concerned goods.
• Organizations or authorities established by the Federal or Provincial Government for developing industries related to such goods.
• Individual producers, if no such association or organization exists.

The GI must:

• Be linked to a specific geographical area.
• Reflect unique qualities, reputation, or characteristics due to that origin.
• Not be generic, contrary to public order or morality, or previously registered.

Foreign GIs can also be registered if they are protected in their country of origin and meet Pakistan’s requirements.

Step-by-Step Registration Process

The Geographical Indications of Goods (Registration and Protection) Rules, 2020, outline a structured process for GI registration. Below are the detailed steps:

1. Application Submission

• Form: Complete Form GI-01, available at IPO-Pakistan GI Forms.
• Documents:

• Statement of Case: Explain the product’s origin, qualities, and reputation.
• Book of Specifications: Provide a detailed description of the product, including production methods, standards, and characteristics.
• Map of the Area: Include a clear map defining the geographical boundaries.
  • Fee: Pay PKR 1,000 via bank draft, pay order, or electronic banking to the Director General, IPO-Pakistan.
  • Submission: File at the IPO-Pakistan office in Karachi or Lahore, by hand, post, or electronic means (with originals submitted within 15 days for electronic filings).

2. Examination

• The Registrar of Geographical Indications reviews the application for compliance with the Act and Rules.
• If objections arise (e.g., incomplete specifications or lack of uniqueness), the applicant must respond within two months, extendable by one monthusing Form GI-13 (PKR 2,000).
• The Registrar may request additional information or clarification.

3. Advertisement

• Upon acceptance, the application is published in the official Gazette.
• Pay the advertisement fee of PKR 5,000using Form GI-03.
• This public notice allows stakeholders to review and potentially oppose the registration.

4. Opposition

• Any person can file an opposition within one monthof publication, extendable by up to two months, using Form GI-04 (PKR 20,000).
• The applicant must file a counter-statement within two monthsusing Form GI-05 (PKR 5,000).

5. Hearing

• If an opposition is filed, the Registrar schedules a hearing, providing at least one month’s notice.
• Both parties submit evidence within one month
• The applicant or opponent must confirm attendance using Form GI-14(PKR 1,000).
• The Registrar decides to register or reject the GI based on the hearing.

6. Registration

• If no oppositions are filed or oppositions are resolved, the GI is registered, effective from the application date.
• Pay the certificate fee of PKR 20,000using Form GI-06 to receive the registration certificate.
• The GI is entered in the Register of Geographical Indications, which is publicly accessible.

7. Renewal

• Registration is valid for 10 yearsand can be renewed indefinitely for additional 10-year periods.
• File Form GI-17(PKR 20,000) for on-time renewal or Form GI-18 (PKR 25,000) for late renewal within six months post-expiry.
• Restoration of a lapsed registration is possible using Form GI-19(PKR 2,000).

Required Documents

The following documents are essential for GI registration:

• Form GI-01: Application for Registration of a Geographical Indication.
• Statement of Case: A narrative explaining the product’s origin, qualities, and reputation.
• Book of Specifications: A detailed document covering the product’s characteristics, production methods, and standards.
• Map of the Area: A precise map delineating the geographical boundaries.
• Fees: As outlined in the fee schedule.

Fees for GI Registration

The fees for GI registration and related actions, as of April 22, 2025, are:

Payment Methods: Fees must be paid via bank draft, pay order, or electronic banking to the Director General, IPO-Pakistan, at the time of filing the corresponding form.

Timelines

The registration process involves several key timelines:

• Application Submission: Immediate acknowledgment upon receipt.
• Examination: No fixed duration, but objections must be addressed within two months, extendable by one month.
• Advertisement: Immediately upon acceptance.
• Opposition Period: One month from the publication date, extendable by up to two months.
• Opposition Handling: Counter-statement within two months; evidence submission within one month each for opponent and applicant; hearing with at least one month’s notice.
• Registration: Effective from the application date upon completion.
• Renewal: Every 10 years, with late renewal possible within six months post-expiry.

Additional Considerations

• Foreign GIs: Foreign GIs can be registered if protected in their country of origin, with applications filed by a legal representative in Pakistan. The Registrar may request additional information about the foreign registration.
• Grounds for Refusal: GIs may be refused if they are generic, contrary to public order or morality, or likely to deceive consumers about the product’s origin or qualities.
• Authorized Users: Producers within the designated area can apply to be registered as authorized users, ensuring compliance with the GI’s specifications.
• Public Inspection: The Register of Geographical Indications is open for public inspection, allowing verification of registered GIs.

Practical Tips

• Verify Novelty: Check the GI Registry to ensure the indication is not generic or previously registered. Consulting an IP expert can help confirm eligibility.
• Complete Documentation: Prepare a detailed book of specifications and a precise map to minimize objections during examination.
• Monitor Deadlines: Respond promptly to objections or opposition notices to avoid abandonment. Use Form GI-13for extensions if needed.
• Check Updates: Regularly visit the IPO-Pakistan GI Fee and Forms page for the latest forms and fees.
• Keep Records: Retain copies of all submissions, payment receipts, and correspondence with the GI Registry for reference.
  
  

Conclusion:

Registering a Geographical Indication in Pakistan is a strategic step to protect the unique identity of regional products, from Basmati rice to Hunza ruby. With an accessible initial fee of PKR 1,000 and a clear process, it’s a valuable opportunity for producers, associations, and government bodies to preserve cultural heritage and enhance economic value. Contact Baakza & Bansari to help secure your GI today!