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

A name 'Kovalam Silk' does not refer to a country, region or locality as such, but relates to a specific geographical area and is used on silk originating from that area. Under the Explanation to the definition of geographical indication in the GI Act, 1999, what is the position?

It may qualify. The Explanation provides that a name which is not the name of a country, region or locality is still a geographical indication if it relates to a specific geographical area and is used on particular goods originating from there.

  1. AIt cannot be a geographical indication because it is not the name of a country, region or locality
  2. BIt may be considered a geographical indication because a name relating to a specific geographical area and used on goods from there also qualifiesCorrect
  3. CIt qualifies only if the goods are agricultural
  4. DIt qualifies only if it is an abbreviation of a name

Explanation

The Explanation says a name that is not the name of a country, region or locality shall also be considered a geographical indication if it relates to a specific geographical area and is used on particular goods originating there. The first option ignores this extension.

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