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

A producers' association applies to register the name "Silkara" for handloom sarees from a district in Odisha. A name "Silkara" is already registered for sarees from a village in Assam. The Registrar must decide whether the second registration can be allowed. Under the GI Act, 1999, what is the governing position?

A homonymous geographical indication can be registered if the Registrar is satisfied, after weighing how the indications will be differentiated in practice and the need for equitable treatment of producers, that consumers will not be confused or misled. It is neither barred outright nor automatic.

  1. AA homonymous GI may be registered if the Registrar is satisfied that consumers will not be confused or misled, after considering how the indications will be differentiated and the equitable treatment of producersCorrect
  2. BA homonymous GI can never be registered because an identical name is already on the register
  3. CA homonymous GI can be registered automatically once the applicant pays the prescribed fee
  4. DA homonymous GI can be registered only if the earlier registrant gives written consent to the Registrar

Explanation

Section 10 permits registration of a homonymous GI, subject to section 7, if the Registrar is satisfied, after considering practical conditions of differentiation and equitable treatment of producers, that consumers will not be confused or misled. A flat bar on identical names is wrong, and neither fee payment nor consent is the stated test.

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