What Do You Mean By Geographical Indication?Answer: Geographical indications mean any indications which define the goods as
originating in the territory of a country or a region or locality in that
territory, provided a given quality reputation or other characteristics of the
product are attributable to its geographical origin. this means that the
geographical indications has to indicate that a product of a particular origin
has a certain quality or reputation or some other characteristics, which is
essentially attributable to its geographical origin.
Geographical indications are, for purposes of the TRIPS Agreement, a type of
intellectual property (IP).
Geographical Indications, (GIs) are defined,
under Article 22(1) of the TRIPS Agreement, as:
indications which identify a
good as originating in the territory of a Member, or a region or locality in
that territory, where a given quality, reputation or other characteristic of the
good is essentially attributable to its geographic origin. Geographical
indications are valuable to producers from particular regions for the same
reasons that trademarks are valuable.
First, they are source; identifiers; they
identify goods as originating in a particular territory, or a region or locality
in that territory. Geographical indications are also indicators of quality they
let consumers know that the goods come from an area where a given quality,
reputation or other characteristic of the goods is essentially attributable to
their geographic origin. In addition, GIs are business interests?
solely to promote the goods of a particular area. Finally, for purpose of the
TRIPS Agreement, GIs are intellectual property, eligible for relief from acts of
infringement and/or unfair competition.
Geographical indications are used to indicate the regional origin of particular
goods, whether they are agricultural products or manufactured goods; provided
that those goods derive their particular characteristics from their geographic
origin. Any producer who meets the standards set by the GI owner can use a GI.
In the United States, the owner of a GI can be any legal entity be it a
government, an association of producers, or even an individual.
In India geographical indications are protected and governed by the geographical
indications of goods (registration and protection) act 1999. Under the
geographical indications of goods (registration and protection) act 1999 an
application can be made for registering a geographical indication by an
association of persons or producers or any organization or authority
representing the interests of the producers of the goods concerned under section
11 of the act.
The following geographical indications are prohibited from registration under
section 9 of the act:
- the use of which would be likely to deceive or cause confusion;
- the use of which would be contrary to any law for the time being in
- which comprises or contains scandalous or obscene matter;
- which comprises or contains any matter likely to hurt the religious
susceptibilities of any class or citizens of India.
- which would be disentitled to protection to protection in the court of
- which are determined to be generic names or indications of goods and
are, therefore, not or ceased to be protected in their country of origin, or
which have fallen into disuse in that country;
- which, although literally true as to the territory, region or locality
in which the goods originate, but falsely represent to the persons that the
goods originate, but falsely represent to the persons that the goods
originate in another territory, region or locality, as the case may be,
shall not be registered as a geographical indication.
Section 18 of the act provides that the registration of a geographical
indication shall be for a period of 10 years and shall be renewed for a
period of another 10 years on an application made in the prescribed manner
and within the prescribed period and subject to the payment of the
Difference Between Appellant Of Origin & Indication Of Source? Answer: Appellant Of Origin (AOC) is a French system of appellation
classification that was established in the 1930's. The wines that fall under the AOC
category are entitled to use the designation AOC on their label as a
symbol of distinguished quality in terms of adherence to appellation labeling laws.
AOC is also considered to be the wine world's appellation prototype, and
in order to qualify as an AOC wine, a wine must strictly follow its prescribed
guidelines. Listings of foreign appellations of origin will be updated when we
are officially notified of an addition or amendment by an authorized
representative of the foreign government.
Indication Of Source (IOS) is a French certification granted to
certain wines that are grown and produced in specific French geographical
areas. They are used by several manufacturers in a particular region and
are therefore not the property of an individual. In general, a producer or service provider does not
require authorisation to use an indication of source, provided that they can
prove that the goods or services in question actually come from the geographical
area in question.
If companies, for example, want to advertise their products as
being of Swiss origin, they just need to fulfil the legally defined criteria for
determining origin. Indications of source may not be deceptive. This means that,
for example, a Swiss importer of Italian apples may not indicate that the apples
come from Switzerland. The clear rules on the use of Swiss indications of
source help to prevent misuse and maintain the long-term value of the
Registering a protected geographical indication (PGI) or a protected designation
of origin (PDO) gives the producer greater legal certainty and contributes to
their economic survival. PGIs and PDOs may also be registered as geographical
marks. This simplifies enforcing protection of the designation in Switzerland
Difference Between Production And Manufacturing? Answer: Manufacturing and Production, are the two terms related to conversion of
raw materials into finished products. But, Have you ever wondered, what makes
them different. Manufacturing is the process of transforming raw materials into
ready goods, with the help of machinery. On the other hand, production alludes
to the processes or methods, that converts inputs like raw material or semi
finished goods, to make finished product or services, which may or may not use
Manufacturing is a process that involves making something that uses raw material
as input, whereas Production may or may not include raw material as input. We
can also say that manufacturing is production, but production is not merely
manufacturing. Take a read of this handout and clear all your doubts, with
respect to the difference between manufacturing and production.
- When the raw material is used as input to produce goods with the use of
machinery is known as a Manufacturing. The process of transforming
resources into finished products is known as Production.
- Manufacturing consists of the generation of all those goods that are
suitable for use or it can be sold out. Conversely, production involves the
creation of the utility.
- In manufacturing, the use of machinery is a must whereas production can
be done with or without the use of machinery.
- All types of manufacturing activities are used in production, but
production may not necessarily be known as manufacturing.
- In manufacturing, the output generated will be tangible in nature, i.e.
goods only, but in the case of production it produces both tangible and
intangible outputs, i.e. goods as well as services.
- Men-machine setup should be there for manufacturing of goods, which is
not in the case of production, the only man is sufficient for producing
India can manufacture aircrafts but in India aircrafts are not produced
because production cost of an aircraft in India is much higher than other
nations. So, it's better to buy it from other nation which has aircraft
production unit as it will be much cheaper even after including import taxes.
What Do You Understand By Homonymous Geographical
Indication. Give Atleast Two Examples Of Homonymous Geographical Indication.
Homonymous geographical indications (GI) are those that are spelled or
pronounced alike, but which identify products originating in different places,
usually in different countries. In principle, these indications should coexist,
but such coexistence may be subject to certain conditions. For example, it may
be required that they be used only together with additional information as to
the origin of the product in order to prevent consumers from being misled. A GI
may be refused protection if, due to the existence of another homonymous
indication, its use would be considered potentially misleading to consumers with
regard to the product's true origin.
For example, it may be required that they be used only together with additional
information as to the origin of the product in order to prevent consumers from
being misled. A GI may be refused protection if, due to the existence of another
homonymous indication, its use would be considered potentially misleading to
consumers with regard to the product's true origin.
The term GI has been defined as Geographical Indications
, 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 characteristics 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.
List The Names Of 10 Geographical Indication With The Name Of
Place Where They Are Registered?
|Kathputli Of Rajalthan
|Firozabad Glass (Word Mark)
|Moradabad Metal Craft