IP issues have an element of public interest - IPAB
November 21, 2012
‘Payyannur Pavithra Mothiram‘ , the handcrafted ring made in Payyanur, Kerala State in India is the subject of a bundle of claims/rights There was a dispute between descendants of two families both claiming to have made the first such ring. The application for GI had been made by a society which comprised of businessmen and few artisans.
The Intellectual Property Appellate Board (IPAB) opined that though the definition of ‘producer’ as per the Geographical Indications of Goods (Registration and Protection) Act, 1999 is wide, the persons who really need protection are the artisans, the artist and the actual craftsmen and the growers who might also be the most vulnerable. It suggested that a provision requiring each applicant to effect a publication akin to the Section 4 Notice in the Land Acquisition Act in language of the region or locality should be made to inform all producers/stake holders concerned.
It noted that in Intellectual Property Right related matters viz., G.I., Patents or Trademarks the dispute is really not inter-partes alone and there was always the issue of public interest.