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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Geographical Indications of Goods

Two towns in different States share the same name, and each has a distinct local handloom product. The producers of one town apply to register the name as a GI. Under the GI Act, 1999, when may such a homonymous indication be registered?

A homonymous geographical indication can be registered if the Registrar is satisfied, after considering how it can practically be differentiated from other homonymous indications and the need for equitable treatment of producers, that consumers will not be confused or misled by the registration.

  1. ANever, because only one GI can bear a given name
  2. BOnly if the producers of the second town consent in writing
  3. COnly if the name is also protected in the country of origin of both products
  4. DIf the Registrar is satisfied that, after considering practical conditions of differentiation and equitable treatment of producers, consumers will not be confused or misledCorrect

Explanation

Section 10 permits registration of a homonymous GI, subject to section 7, if the Registrar is satisfied about practical differentiation from other homonymous indications and equitable treatment of the producers, so that consumers are not confused or misled. The Act does not require written consent of the other producers or an absolute bar.

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