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

Ravi asks the Registry to enter in the Register of Geographical Indications a note that the proprietor, Nilgiri Tea Growers' Society, holds the GI in trust for its member families. What is the correct position?

The request must be refused. The Act states that no notice of any trust, express, implied or constructive, shall be entered in the register, and the Registrar cannot receive such notice. Payment of a fee or the office concerned makes no difference.

  1. AThe note must be entered as it protects the beneficiaries
  2. BThe note may be entered on payment of a prescribed fee
  3. CThe note may be entered only at the head office
  4. DNo notice of any trust, express, implied or constructive, can be entered in the register or received by the RegistrarCorrect

Explanation

Section 6(4) prohibits entry of any notice of trust, whether express, implied or constructive, in the register, and the Registrar cannot receive such notice. Fee or office location does not change this.

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