39. In order to comply with TRIPS Agreement, India enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999. The difference/ differences between a “Trade Mark” and a Geographical Indication is/are
i) A Trade Mark is an individual or a company’s right whereas a Geographical Indication is a community’s right
ii) A Trade Mark can be licensed whereas a Geographical Indication cannot be licensed
iii A Trade Mark is assigned to the manufactured goods whereas the Geographical Indication is assigned to the agricultural goods/products and handicrafts only
Which of the statements given above is/are correct?
39. In order to comply with TRIPS Agreement, India enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999. The difference/ differences between a “Trade Mark” and a Geographical Indication is/are
i) A Trade Mark is an individual or a company’s right whereas a Geographical Indication is a community’s right
ii) A Trade Mark can be licensed whereas a Geographical Indication cannot be licensed
iii A Trade Mark is assigned to the manufactured goods whereas the Geographical Indication is assigned to the agricultural goods/products and handicrafts only
Which of the statements given above is/are correct?
The correct option is B b) i and ii only
B) Explanation:
Trade mark is a right of a company or manufacturer while geographical indication is related with a particular area. It applies to the products which are area-specific like particular variety of mango produced in specific area in a country.
Geographical Indications (GI) are like trademarks, except that they are indicators of a geographical area. The can belong to any goods or products whether natural, agricultural or manufacturing. Examples of Gls are basmati rice, champagne, swiss watches etc. Gls are area-specific as an identity, so it cannot be licensed.
B)
Explanation:
Trade mark is a right of a company or manufacturer while geographical indication is related with a particular area. It applies to the products which are area-specific like particular variety of mango produced in specific area in a country.
Geographical Indications (GI) are like trademarks, except that they are indicators of a geographical area. The can belong to any goods or products whether natural, agricultural or manufacturing. Examples of Gls are basmati rice, champagne, swiss watches etc. Gls are area-specific as an identity, so it cannot be licensed.
