| GEOGRAPHICAL INDIGATION |
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What are advantages of registering? |
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Registration
affords better legal protection to facilitate an action for
infringement.
The registered proprietor and authorized user can initiate
infringement actions.
The authorized users can exercise the exclusive right to the
use the GI. |
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Who can use registered Geographical
Indication ? |
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Only an authorized user has
the exclusive rights to use the geographical Indication in relation
to goods in respect of which it is registered. |
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How long is the registration
of GI valid ? Can it be renewed ? |
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The registration
of GI is for a period of 10 years.
Renewal is possible for further period of 10 years.
If a registered GI is not renewed it is liable to be removed
from the register. |
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When is registered Geographical
Indication said to be infringed ? |
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* When unauthorized use indicates
or suggests that such goods originate in a geographical area
other than the true place of origin of such goods in a manner,
which misleads the public as to their geographical origins.
* When use of geographical Indication results in unfair competition
including passing off in respect of registered geographical
indication.
* When the use of another geographical indication results in
a false representation to the public that goods originate in
a territory in respect of which a geographical indication relates. |
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Who can initiate an infringement
action ? |
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The registered proprietor or
authorized users of a registered Geographical Indication can
initiate an infringement action. |
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Can a registered Geographical
Indication be assigned , transmitted etc.? |
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NO. A Geographical Indication
is a public property belonging to the producers of the concerned
goods. It shall not be the subject matter of assignment, transmission,
licensing, pledge, mortgage or such other agreement. However,
when an authorized user dies, his right devolves on his successor
in title. |
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How a Geographical Indication
differs from Trademark ? |
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A trademark
is a sign, which is used in the course of trade and it, distinguishes
goods or services of one enterprise form those of other enterprise.
Whereas a Geographical Indication is used to identify goods
having special characteristics originating from a definite
geographical territory. |
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Can a registered Geographical
Indication or authorized user removed from the register ? |
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YES. The appellate Board or
the Registrar of Geographical Indication has the power to remove
the geographical Indication or an authorized user from the register.
The aggrieved person can file an appeal within three months
from the date of communication of the order. |
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