A local weaver in India produces shawls and wishes to market them under the famous geographical indication "Kullu Shawls", known for their origin and quality from the Kullu region. The weaver labels the shawls and their
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2025
A local weaver in India produces shawls and wishes to market them under the famous geographical indication "Kullu Shawls", known for their origin and quality from the Kullu region. The weaver labels the shawls and their packaging as "Original Kullu Shawls" and advertises them online using this indication. Discuss whether the weaver is deemed to have applied a geographical indication to the goods as per the provisions of Section 37 of the Geographical Indications of Goods (Registration and Protection) Act, 1999.
Answer & Explanation:
Section 37 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 provides that a person shall be deemed to apply a geographical indication to goods who: applies it to the goods themselves; or applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture; or places, encloses or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a geographical indication has been applied; or uses a geographical indication in any manner reasonably likely to lead to the belief that the goods in connection with which it is used are designated or described by that geographical indication; or in relation to the goods uses a geographical indication in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial documents and goods are delivered to a person in pursuance of a request or order made by reference to the geographical indication as so used. In this case, by labeling the shawls and their packaging as "Original Kullu Shawls" the weaver satisfies section 37 (a) and (b). By advertising them online using this indication, he satisfies section 37 (e). Therefore, the weaver is deemed to have applied the geographical indication to the goods under Section 37.
Topics: Geographical Indications of Goods (Registration and Protection) Act, 1999
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