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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Darjeeling-based growers' association wants to stop outside firms from selling ordinary tea as being from their region. Which IP right fits best, and what is its key characteristic?

A geographical indication fits because it identifies goods as originating from a territory whose quality or reputation is linked to that origin, and it can be held for the producers collectively. Trademark, patent and copyright do not serve a regional origin purpose.

  1. ATrademark owned by one grower for his exclusive use
  2. BGeographical indication, which identifies goods originating from a territory with quality or reputation linked to that originCorrect
  3. CPatent on the tea plant
  4. DCopyright in the word Darjeeling

Explanation

A geographical indication identifies goods as originating from a territory where a given quality, reputation or characteristic is essentially attributable to its origin. Registration is made for producers collectively. A single-owner trademark does not suit a regional collective, and patents or copyright do not protect origin names.

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