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

Two regions, one in India and one abroad, share the same name for similar wine-type goods, and a producer applies to register the Indian homonymous indication. Under the 1999 Act, on what basis may the Registrar register it, subject to section 7?

A homonymous geographical indication may be registered if the Registrar is satisfied, after considering the practical conditions for differentiating it from other homonymous indications and the need for equitable treatment of producers, that consumers will not be confused or misled. It is not automatic and need not displace the other indication.

  1. AOnly if the foreign indication is first cancelled
  2. BOnly if the Indian producers are given exclusive rights over the name
  3. CAutomatically, because homonymous indications are always registrable
  4. DIf satisfied, after considering how it will be differentiated from other homonymous indications and the need for equitable treatment of producers, that consumers will not be confused or misledCorrect

Explanation

Section 10 allows registration of a homonymous GI if the Registrar is satisfied, after considering the practical conditions of differentiation and equitable treatment of the producers concerned, that consumers will not be confused or misled. Registration is not automatic, and cancelling the other indication is not a requirement.

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