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CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications

A cooperative of artisans in Kerala wants to record in the Register a note that its proprietor holds the registered GI as trustee for a family trust. The Registry receives this request. What is the legal position under the 1999 Act?

The Registrar cannot enter or receive any notice of trust, whether express, implied or constructive, in the Register of Geographical Indications. The Act bars such entries outright, so the cooperative's request must be refused whatever kind of trust is claimed.

  1. AThe Registrar must enter the trust notice if the trust is express
  2. BThe Registrar may enter it only if the trust is implied
  3. CNo notice of any trust, express, implied or constructive, can be entered or received by the RegistrarCorrect
  4. DIt can be entered if the Central Government approves

Explanation

Section 6(4) states that no notice of any trust, whether express, implied or constructive, shall be entered in the register and none shall be receivable by the Registrar. Hence the request must be refused regardless of the kind of trust. The options allowing entry for express or implied trusts contradict this.

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