CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications
A weaver's society in Odisha enters into a document declaring that it holds title to a handloom name that has not been registered as a geographical indication, and it presents the document for registration under the Registration Act, 1908. What is the legal position under the Geographical Indications of Goods (Registration and Protection) Act, 1999?
The document cannot be registered under the Registration Act, 1908. Section 82 provides that, despite that Act, no document declaring or purporting to declare title to a geographical indication other than a registered geographical indication may be registered under it. Registrar endorsement does not change this.
- AThe document can be registered, because the Registration Act, 1908 governs all title documents
- BThe document can be registered if the Registrar of Geographical Indications endorses it
- CThe document can be registered only as a notice of trust in the Register of geographical indications
- DThe document cannot be registered under the Registration Act, 1908, because no document declaring title to a geographical indication other than a registered one may be registered under itCorrect
Explanation
Section 82 says that, notwithstanding the Registration Act, 1908, no document declaring or purporting to declare title to a geographical indication other than a registered geographical indication shall be registered under that Act. The notice-of-trust option is also wrong, because section 6(4) bars entry of any trust notice in the register.
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