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

A Registry clerk receives a letter from a financier stating that the proprietor of a registered geographical indication holds it on an express trust for a family trust, and asks that this be entered in the register. What is the legal position under the Geographical Indications of Goods (Registration and Protection) Act, 1999?

The request must be refused. The Act says no notice of any trust, whether express, implied or constructive, may be entered in the register, and the Registrar cannot receive any such notice. The bar covers every kind of trust, so payment of a fee or consent makes no difference.

  1. AThe entry must be made if the financier pays the prescribed fee
  2. BThe entry may be made only with the consent of the authorised users
  3. CNo notice of any trust, express, implied or constructive, can be entered in the register or received by the RegistrarCorrect
  4. DOnly notice of an express trust may be entered, not implied or constructive trusts

Explanation

Section 6(4) bars entry of notice of any trust, whether express, implied or constructive, and the Registrar cannot receive such notice. The option allowing express trusts is wrong because the bar covers all three kinds.

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