CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications
The registered proprietor of a GI for a handloom textile wants to add a small descriptive word to the registered indication without changing its identity. Which statement reflects the 1999 Act?
The proprietor must apply to the Registrar for leave to add to or alter the geographical indication, and only in a way not substantially affecting its identity. The Registrar may refuse leave or grant it on terms and limitations he thinks fit.
- AThe proprietor may apply to the Registrar for leave to add or alter in any manner not substantially affecting its identity, and the Registrar may refuse or grant leave on such terms as he thinks fitCorrect
- BThe proprietor may alter it freely without applying
- CAlteration is permitted even if it substantially changes the identity
- DOnly the Central Government can grant leave to alter
Explanation
Section 29(1) lets the registered proprietor apply for leave to add to or alter the GI in a manner not substantially affecting its identity. The Registrar may refuse leave or grant it on terms and limitations he thinks fit. Free alteration, substantial change or Central Government approval are not provided.
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