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

A wine maker from a notified convention country has used a GI identifying its wines continuously in its own country for over ten years before 15 April 1994. An Indian association objects that the GI conflicts with an Indian registration. Under the GI Act, 1999, what is the position on continued use?

Continued and similar use is not prevented. Section 84(2) says nothing in the GI Act or Trade Marks Act stops a citizen or domiciliary of a notified convention country from continuing to use a wine or spirits GI used for at least ten years before 15 April 1994, or in good faith before it.

1. ASuch continued and similar use is prohibited because the Indian registration prevails in all cases
2. BSuch use is allowed only if the maker obtains an assignment of the Indian registration
3. CNothing in the GI Act or the Trade Marks Act prevents continued and similar use by that citizen or domiciliary of a notified country identifying wines or spirits, if used continuously for at least ten years before 15 April 1994 or in good faith before that dateCorrect
4. DSuch use is allowed only for goods other than wines or spirits