In order to comply with the TRIPS Agreement, India enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999. The difference or differences between a Trade Mark and a Geographical Indication is/are:
- A Trade Mark is an individual or a company’s right whereas a Geographical Indication is a community’s right.
- A Trade Mark can be licensed whereas a Geographical Indication cannot be licensed.
- A Trade Mark is assigned to the manufactured goods whereas the Geographical Indication is assigned to the agricultural goods or products and handicrafts only.
Which of the statements given above is/are correct?
- 1 only
- 1 and 2 only
- 2 and 3 only
- 1, 2 and 3
Explanation
Statement 1 is correct
- The Geographical Indications of Goods (Registration and Protection) Act, 1999 was enacted by India to comply with its obligations under the TRIPS Agreement of the World Trade Organisation. A trade mark is a private intellectual property right held by an individual, firm or company, for example, Tata, Bajaj, Haldiram’s, etc. It identifies the commercial source of goods or services. In contrast, a geographical indication (GI) is a collective right held by a community of producers originating from a specific geographical area, example, Darjeeling Tea, Banarasi Sarees, Basmati Rice, etc. While a trademark grants exclusive use to a single owner, a GI allows any producer in the designated geographic region to use the name, provided they follow the prescribed production methods.
Statement 2 is correct
- A trade mark can be licensed to others for commercial use under agreed conditions. A geographical indication cannot be licensed because it is inseparably linked to the geographical origin and collective reputation of the product.
Statement 3 is incorrect
- Geographical indications are not restricted only to agricultural goods and handicrafts. They can also apply to manufactured goods such as Channapatna toys and Mysore silk.
