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

A firm prints a registered GI name only on the invoice and price list, and delivers goods to a buyer who ordered by reference to that GI as used in those documents. Under section 37 of the GI Act, how is the firm treated?

The firm is deemed to have applied the GI to the goods. Using the GI in invoices, price lists or other commercial documents, followed by delivery of goods against an order made by reference to that use, counts as applying it. Physical marking on the goods is unnecessary.

  1. AIt is deemed to apply the GI to the goods, since use in commercial documents followed by delivery against an order made by reference to it countsCorrect
  2. BIt is not deemed to apply the GI, as it was not printed on the goods or package
  3. CIt is deemed to apply the GI only if it was woven into the goods
  4. DIt is deemed to apply the GI only if the buyer was a foreign national

Explanation

Section 37(1)(e) deems a person to apply a GI who, in relation to goods, uses it in any sign, advertisement, invoice, catalogue, business letter, price list or other commercial document, where goods are delivered in pursuance of a request or order made by reference to the GI as so used. Physical marking on the goods is not necessary.

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