Question:

A company has successfully obtained registration for a geographical indication (GI) for its unique artisanal cheese produced in the specific geographic region of Mumbai. After 10 years, the company has decided not to renew the registration for GI. However, another company began producing a similar cheese using the same traditional methods and geographical location.
Which of the following is true regarding the situation of the GI registration?

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GI registrations are time-bound, but renewal allows the owner to retain exclusive rights.
  • The GI registration becomes invalid once the company fails to renew the same, thus, allowing other companies to freely produce similar products using the same geographical indication;
  • The GI registration remains valid for an indefinite period, whether or not the company renews its registration, thus, the other company cannot produce similar products using the same GI;
  • The GI registration becomes invalid once it lapses, however, other companies are free to produce similar products using the GI, if they obtain their own separate registration;
  • The GI registration remains valid for 10 years but the Company can reapply for its registration at any time in the future if they decide to renew it, thereby maintaining the exclusive rights to the GI.
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The Correct Option is D

Solution and Explanation

The GI registration is valid for 10 years, and the company can reapply for renewal to continue enjoying exclusive rights over the geographical indication. If not renewed, other companies are free to use it.
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