'Geographical indications are a special kind of Trademarks' Analyze the correctness of the statement highlighting the differences between Geographical indications and Trademarks.

CS Executive · Setting up of Business Entities and Closure · PYQS · June 2021
'Geographical indications are a special kind of Trademarks' Analyze the correctness of the statement highlighting the differences between Geographical indications and Trademarks.

Answer & Explanation:

As per Section 2(1) (e) of the Geographical Indications of Goods (Registration and Protection) Act, 1999 "geographical indication", in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. According to Section 2 (1) (zb) of the Trade Marks Act, 1999 "trade mark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises. Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.

Topics: Intellectual Property Rights

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