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CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications

Meena, a producer of the goods covered by a registered GI, wants to become an authorised user. Under the Act, which statement is correct about her application?

Meena may apply in writing to the Registrar as a claimed producer of the goods, with a statement, supporting documents of facts and the prescribed fee. The Registrar then examines whether she is a producer, and the usual acceptance, advertisement and opposition provisions apply.

  1. AShe may apply only if she is the registered proprietor of the GI
  2. BOnly the Central Government can nominate authorised users
  3. CShe may apply in writing to the Registrar, claiming to be a producer of the goods, with a statement and documents of facts and the prescribed feeCorrect
  4. DAuthorised users are registered automatically on the GI being registered, without any application

Explanation

Any person claiming to be the producer of the goods for which a GI is registered may apply in writing to the Registrar, accompanied by a statement, documents of facts and the prescribed fee, so the Registrar can decide whether she is a producer. The filing, examination, advertisement and opposition provisions apply to her application too. Option D is wrong because later producers must apply, though users named in the original application are registered with the GI.

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