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.
- AThe goods must be invented by a single named person
- BThe goods must originate from a territory and have a quality, reputation or characteristic essentially attributable to that originCorrect
- CThe goods must be exported to at least three countries
- 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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