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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Geographical Indications of Goods

A cooperative of weavers in a hill district of India applies to register the name of its traditional shawl as a geographical indication. Under Section 2(1)(e) of the GI Act, 1999, which condition must be met for the name to qualify as a geographical indication for these manufactured goods?

A name qualifies when a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin, and, for manufactured goods, at least one of production, processing or preparation occurs in that territory, region or locality. Export, trade mark status or local raw material is not required.

  1. AThe goods must be exported to at least one convention country
  2. BA given quality, reputation or other characteristic must be essentially attributable to the geographical origin, and at least one of production, processing or preparation must take place in that territory, region or localityCorrect
  3. CThe name must be the registered trade mark of the cooperative
  4. DThe goods must be manufactured entirely with raw material grown in that locality

Explanation

Section 2(1)(e) requires that quality, reputation or other characteristic be essentially attributable to geographical origin. For manufactured goods, one of the activities of production, processing or preparation must take place in the territory, region or locality. Export, trade mark status or wholly local raw material are not required by the definition.

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