Comprehension
Geographical Indications (GIs) are a form of intellectual property that designates a product as originating from a specific geographic location, where a given quality. reputation, or other characteristic is essentially attributable to its geographic origin. GIs protect names that are used to identify products with specific qualities or characteristics due to their geographic origin. For example, 'Champagne' refers to sparkling wine produced in the Champagne region of France, and 'Darjeeling Tea' refers to tea grown in the Darjeeling region of India. The protection of GIs ensures that only products genuinely originating from a specific region are allowed to use the geographical name. This helps maintain the product's reputation and quality, prevents misuse or imitation, and supports local economies by promoting regional products. International agreements such as the TRIPS Agreement under the World Trade Organization (WTO) provide a framework for the protection of GIs globally.
Question: 1
Which of the following statements about Geographical Indications (GIs) is not true?
Which of the following statements about Geographical Indications (GIs) is not true?
Updated On: Dec 1, 2024
- GIs are protected under international law to ensure that only products from specific regions can use the GI name.
- The use of a GI name can be legally challenged if it is used by products not originating from the specified region.
- Geographical Indications (GIs) can be used to any product which is famed regardless of its place of origin.
- The TRIPS Agreement under the WTO establishes a framework for the protection of GIs on a global scale.
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The Correct Option is C
Solution and Explanation
GIs are strictly tied to the geographical origin of a product. They cannot be used for products that do not originate from the designated location, even if licensed. This ensures the protection of the authenticity and reputation of the product.
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Question: 2
If a product named “Darjeeling Tea” is produced outside of the Darjeeling region, which of the following legal actions is likely to be taken under GI protection laws?
If a product named “Darjeeling Tea” is produced outside of the Darjeeling region, which of the following legal actions is likely to be taken under GI protection laws?
Updated On: Dec 1, 2024
- The product can still be sold but with a disclaimer about its true origin
- The use of the GI name “Darjeeling Tea” can be legally contested and potentially prohibited
- The product can be sold under a different GI name of “Not Darjeeling Tea”
- The product can be marketed as “Darjeeling Tea” and will face no legal consequences
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The Correct Option is B
Solution and Explanation
GI protection laws prohibit the misuse of GI names for products not originating from the specified region. Such misuse can be legally challenged to protect the product’s authenticity and maintain its reputation.
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Question: 3
Which of the following is not a potential consequence of the misuse of a geographical indication?
Which of the following is not a potential consequence of the misuse of a geographical indication?
Updated On: Dec 1, 2024
- Loss of consumer trust in the authenticity of the product
- Decrease in the market value of the GI protected product
- Compulsory license on the patents of the misusing entity
- Potential legal action of infringement against the misuse
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The Correct Option is C
Solution and Explanation
Misuse of a GI generally leads to loss of authenticity, market value, consumer trust, and legal consequences like infringement actions. Patents are unrelated to GIs, and compulsory licensing is not a consequence of GI misuse.
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Question: 4
In the context of GIs, which of the following scenarios best illustrates the concept of “geographic origin”?
In the context of GIs, which of the following scenarios best illustrates the concept of “geographic origin”?
Updated On: Dec 1, 2024
- A product’s name is changed to reflect its local ingredients, rather than its place of production
- A product is marketed with a GI name even though it is produced in a different region and country
- A product is identified by a GI name that corresponds to the region where it is traditionally made/cultivated with distinctive qualities due to that location
- A product is sold under a generic name with no reference to its production location
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The Correct Option is C
Solution and Explanation
The concept of “geographic origin” ties a product’s identity and distinctive qualities to its specific regional association. (C) captures this accurately, as GI protection relies on these specific production outputs.
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Question: 5
Choose the most appropriate objective of the TRIPS Agreement concerning Geographical Indications:
Choose the most appropriate objective of the TRIPS Agreement concerning Geographical Indications:
Updated On: Dec 1, 2024
- To harmonize intellectual property laws across member countries
- To ensure uniform product labeling standards globally
- To provide a framework for the protection and enforcement of Geographical Indications among WTO members
- To promote international trade by standardizing product names and prices
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The Correct Option is C
Solution and Explanation
The TRIPS Agreement under the WTO establishes a global framework to ensure the protection and enforcement of GIs, helping safeguard the authenticity and reputation of regional products in international trade.
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