CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications
A trader sells packaged tea in a bottle-shaped container with a stopper, band and label. A dispute arises over whether these items form part of the 'package' under the GI Act, 1999. What does the Act provide?
The bottle, stopper, band and label all fall within package. The Act's definition includes any case, box, container, covering, bottle, wrapper, label, band, ticket, cap, lid, stopper and cork, so it is not restricted to outer containers.
- APackage is limited to cases and boxes
- BPackage excludes labels and bands
- CPackage includes any case, box, container, covering, bottle, wrapper, label, band, stopper and similar items listed in the definitionCorrect
- DPackage covers only the outer container and not the stopper or cork
Explanation
The definition of package is inclusive and lists bottle, label, band, stopper, cork, wrapper and others. Thus the container, stopper, band and label are all covered, and the narrower options contradict the list.
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