What do you understand by 'Geographical Indications'? What is meant by 'Goods'?
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2021
What do you understand by 'Geographical Indications'? What is meant by 'Goods'?
Answer & Explanation:
Geographical Indication "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. It may be noted that any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be. [Section 2(1) (e)]. In simpler terms, GI is a status accorded to a good which is unique to a particular region or area, and are originated from there. These goods have a reputation for their quality. They are associated with a sense of legitimacy and trust simply because they have the tag of belonging to that region. For example, Basmati rice is known for its unique aroma and long grains. It is unique to the Indo-Gangetic plains. Seven states of India, after a long drawn legal battle have been accorded with the status of Geographical Indication (GI) in 2016. The following types of goods are covered under the ambit of GI - Agricultural (example, Basmati rice) Natural (example, Makrana marble) Handicraft or of any industry (example, Kashmiri pashmina) Food stuff (example, Dharwad pedha) Functions of Geographical Indications; It is a valuable property for a particular region. It is very important for any type of producers of goods of a particular region. Geographical Indications basically perform three functions. Firstly-they identify the goods as originating in a particular territory, or a region or locality in that territory; Secondly- they suggest the consumers that the goods come from an area where given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin; and Thirdly-they promote goods of particular area, territory or region Goods "Goods" mean any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff. [Section 2(f)] Indication "Indication" includes any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of goods to which it applies.
Topics: Intellectual Property Rights
Related Questions in this Topic
- On a 2009 visit to her ancestral village in Madhubani District in India. Ihitashri Shandilya found that the 'sanctity of...
- On a 2009 visit to her ancestral village in Madhubani District in India. Ihitashri Shandilya found that the 'sanctity of...
- On a 2009 visit to her ancestral village in Madhubani District in India. Ihitashri Shandilya found that the 'sanctity of...
- On a 2009 visit to her ancestral village in Madhubani District in India. Ihitashri Shandilya found that the 'sanctity of...
- On a 2009 visit to her ancestral village in Madhubani District in India. Ihitashri Shandilya found that the 'sanctity of...