| 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: |
| 1. A Trade Mark is an individual or a company's right whereas a Geographical Indication is a community's right |
| 2. A Trade Mark can be licensed whereas a Geographical Indication cannot be licensed |
| 3. A Trade Mark is assigned to the manufactured goods whereas the Geographical Indication is assigned the agricultural goods/products and handicrafts only. Which of the statements given above is/are correct? |
A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2 and 3
Correct Answer: A
Solution :
[a] Trademark is a sign that a business concern (whether physical or moral person) uses to distinguish its own goods or services from those of competitors and GIs is an indicator that certain products have a regional origin, which is certain. A geographical indication tells consumers that a product is produced in a certain place and has certain characteristics that are due to that place of production. All producers who make their products in the place designated by a geographical indication and whose products share typical qualities may use it. Unauthorized parties may not use protected geographical indications that are likely to mislead the public as to the true origin of the product.
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