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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 to the agricultural goods/products and handicrafts only. Which of the statements given above is/are correct?

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 to the agricultural goods/products and handicrafts only. Which of the statements given above is/are correct? Correct Answer 1 and 2 only

The correct answer 1 and 2 only.

Key Points

  • A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
  • The trademark owner can be an individual, business organization, or any legal entity.
  • Geographical Indication(GI) is a name or a sign given to certain products that relate to a specific geographical location or origins like a region, town, or country. Hence, Statement 1 is correct.
  • Trademark licensing is the process by which a registered trademark owner, called a licensor or proprietor, allows another party, called a licensee, to make and distribute specific products or services under the licensor's trademark agreement. Trademark licensing is a type of merchandise agreement. Whereas GI is not licensed but has to be registered with the Registrar of GIs. Hence, Statement 2 is correct.
  • Geographical Indication is assigned to the agricultural goods/products natural, or manufactured goods and handicrafts. Hence, Statement 3 is Not correct.
  • Geographical Indications are covered as a component of intellectual property rights (IPRs) under the Paris Convention for the Protection of Industrial Property.
  • In India, Geographical Indications registration is administered by the Geographical Indications of Goods (Registration and Protection) Act, 1999.
  • GI is governed by the World Trade Organisation’s (WTO’s) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) at the international level.
  • Darjeeling tea was the first product of India to be accorded with the GI tag.

Additional Information

  • The difference between Trademark and Geographical Indication is as follows-
Trademark Geographical Indicator
It envisions that the product comes from a particular enterprises or company It envisions that the products come from a particular place
Right is enjoyed by one person, or company Right is enjoyed by the community
A trademark can be a word, letter, numeral (or numerals), a combination of numerals and letters, hologram, sound, smell, an abbreviation, a name, or a device GIs can only be names or symbols corresponding to a particular region or place
Trademark is licensed  GI is not licensed but has to be registered with the Registrar of GIs
Includes word, letter, numeral (or numerals), a combination of numerals and letters, hologram, sound, smell, etc. Includes a particular agricultural, natural, or manufactured good.

Related Questions

Consider the 5 × 5 matrix \[{\text{A}} = \left[ {\begin{array}{*{20}{c}} 1&2&3&4&5 \\ 5&1&2&3&4 \\ 4&5&1&2&3 \\ 3&4&5&1&2 \\ 2&3&4&5&1 \end{array}} \right
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