CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications
A producers' association asks the Registrar to enter in the Register of geographical indications a notice stating that the registered proprietor holds the indication in trust for the association's members. How does the Act treat this request?
The request must be refused. The Act says no notice of any trust, whether express, implied or constructive, can be entered in the Register of geographical indications, and the Registrar cannot receive such a notice. The register records proprietors and authorised users, and proprietor consent does not alter this rule.
- AIt must be entered, because the register records all matters relating to the indication
- BIt must be entered if the proprietor agrees
- CIt is entered only at a branch office copy of the register
- DNo notice of any trust, express, implied or constructive, may be entered in the register, and the Registrar cannot receive itCorrect
Explanation
Section 6(4) provides that no notice of any trust, express or implied or constructive, shall be entered in the register and none shall be receivable by the Registrar. The register records proprietors and authorised users with their details, not trusts, and proprietor consent makes no difference.
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