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

Kanchan Weavers Cooperative, based in a district known for a distinctive handwoven silk saree, wants legal protection against outsiders selling machine-made sarees under the district's name. Under the Geographical Indications of Goods (Registration and Protection) Act, 1999, which of the following is the key feature of a GI that makes the cooperative's claim possible?

A GI requires that goods originate from a specific territory and that their quality, reputation or characteristic be essentially attributable to that origin. Inventorship, export history or a coined name unrelated to place is not needed, so the cooperative's silk saree claim rests on the origin link.

  1. AThe goods must be invented by a single named person
  2. BThe goods must originate from a territory and have a quality, reputation or characteristic essentially attributable to that originCorrect
  3. CThe goods must be exported to at least three countries
  4. DThe name must be coined and have no link to any place

Explanation

A GI identifies goods as originating in a territory, where a given quality, reputation or other characteristic is essentially attributable to its geographical origin. Single inventorship, export history or a coined non-geographical name are not requirements; a coined name would defeat the link to place.

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