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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Darjeeling-based Himal Tea Growers' Association wants exclusive protection for a tea name linked to the region's soil and climate. A producer in Kerala sells tea under the same name, misleading buyers. Which feature correctly applies to GI protection under the Geographical Indications of Goods Act, 1999?

Registration gives the registered proprietor and authorised users the right to sue for infringement, but a GI is a public right and cannot be assigned, transmitted, licensed or pledged. It is registered for ten years and renewable, not automatic or perpetual.

  1. AA GI can be owned exclusively by one individual as a private monopoly transferable by sale
  2. BA registered GI is assignable and may be licensed freely like a trademark
  3. CRegistration gives authorised users the right to relief against infringement, and the GI is not assignable or transmissibleCorrect
  4. DA GI is protected automatically for perpetuity without any registration or renewal

Explanation

Under the GI Act, a registered GI is a public property; it cannot be assigned, transmitted, licensed or pledged. Authorised users and the registered proprietor may sue for infringement. Registration is valid for ten years and renewable, so option D is wrong.

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