CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications
A label for a spice blend carries a picture of a famous hill fort of a region and the words 'Fort Select'. Neither is a place name, but the picture conveys the geographical origin of the goods. Under the definition of 'indication' in the GI Act, 1999, how is this treated?
The picture can be an indication. The Act says indication includes any name, geographical or figurative representation, or a combination, that conveys or suggests geographical origin. A name is not required, and no country name is needed.
- AIt cannot be an indication because only names qualify
- BIt cannot be an indication because figurative representations are excluded
- CIt can be an indication because the term includes figurative representations conveying or suggesting geographical originCorrect
- DIt is an indication only if the picture is combined with a country name
Explanation
Indication includes any name, geographical or figurative representation, or any combination of them, conveying or suggesting the geographical origin of the goods. A figurative representation alone suffices, so the picture can be an indication.
Did you get it right without looking?
One question tells you little. A timed set on Geographical Indications shows your real accuracy, how long you take and where you lose marks.
More Geographical Indications questions
- Ratnagiri Growers sues Konkan Traders for infringement of its registered GI. Konkan Traders pleads that the plaintiff's registration is inva…
- A cooperative in Karnataka applies to register the name of a local silk sari as a geographical indication. Records show that the name has lo…
- A police officer of the rank of deputy superintendent suspects that goods are being sold in breach of a cognizable offence under the Act and…
- An authorised user was removed from the register for non-payment of the renewal fee when the last registration expired on 1 June 2024. The u…
- In an infringement suit, Defendant D pleaded invalidity of the plaintiff's GI and the court adjourned the case for three months to allow a r…
- Under the definition of 'registered proprietor' in the GI Act, 1999, who may be the registered proprietor of a geographical indication?