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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Under section 21 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, two authorised users hold registered geographical indications that are identical or nearly resemble each other. Which statement is correct about their exclusive right to use?

Neither authorised user acquires the exclusive right against the other merely by registration, except as conditions or limitations on the register provide. Section 21(3) of the GI Act, 1999 adds that each still has against other persons the rights of a sole authorised user.

  1. AThe first user to register acquires the exclusive right against the other by registration alone
  2. BNeither acquires the exclusive right against the other merely by registration, subject to conditions or limitations on the registerCorrect
  3. CBoth lose all rights and the registrations are cancelled automatically
  4. DThe right against the other passes to the registered proprietor, not the users

Explanation

Section 21(3) states that where authorised users hold identical or nearly resembling indications, exclusive use is not deemed acquired by any one of them as against another merely by registration, except as conditions or limitations entered on the register provide. Each has the same rights against others as a sole authorised user would have. The first option wrongly gives priority by registration.

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