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

A name such as 'Basmati' is not the name of any country, region or locality, yet it is used for rice grown in a specific geographical area of India. Under the Explanation to Section 2(1)(e), how is such a name treated?

Such a name can still be treated as a geographical indication if it relates to a specific geographical area and is used on or in relation to particular goods originating from that area. It need not be the name of a country, region or locality.

  1. AIt cannot be a geographical indication because it is not a place name
  2. BIt can be considered a geographical indication if it relates to a specific geographical area and is used in relation to particular goods originating from that areaCorrect
  3. CIt can be a geographical indication only if it is also registered as a trade mark
  4. DIt can be a geographical indication only if the goods are manufactured rather than agricultural

Explanation

The Explanation to Section 2(1)(e) 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 upon or in relation to particular goods originating from there. Hence a non-place name can qualify, and the goods need not be manufactured.

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