In order to comply with TRIPS Agree- ment, 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: Option B
Explanation
1. The question examines the differences between a Trade Mark and a Geographical Indication (GI) under the context of the TRIPS Agreement and India's Geographical Indications of Goods (Registration & Protection) Act, 1999.
2. Statement 1: A Trade Mark typically identifies goods or services originating from a particular company or individual and distinguishes them from others. It is an individual or company's right. A Geographical Indication identifies a product as originating from a specific geographical region, where a particular quality, reputation, or characteristic is essentially attributable to its geographical origin. The right to use a GI belongs to the producers in that region, making it essentially a community's right or collective right. Statement 1 is correct.
3. Statement 2: A Trade Mark can be licensed to others for use under specific conditions. A Geographical Indication, being linked to a specific region and collective group of producers, generally cannot be licensed in the same way as a trademark, as it denotes origin and collective goodwill, not an individual enterprise's brand that can be freely licensed for use elsewhere or by anyone. Statement 2 is correct.
4. Statement 3: A Trade Mark can be assigned to both manufactured goods and services. A Geographical Indication is not limited to agricultural goods/products and handicrafts only. It can also apply to manufactured goods (e.g., Solingen cutlery, Swiss watches) or foodstuffs (e.g., Champagne, Parma Ham), provided their characteristics are linked to the geographical origin. Statement 3 is incorrect.
5. Since statements 1 and 2 are correct, option (B) is the answer.
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