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June 2024Q. 5(a)(i)2 marksSyllabus 2022
Show the facts common to all parts of Q. 5
(a)India Tea Board owns the famous Geographical Indication “Darjeeling” and the logo of the woman holding the tea leaves, as well as the trademark “Darjeeling” under the Trademarks Act, regarding “tea”.
ITC, Limited has used the “Darjeeling Lounge” as the name of its top lounge at its Kolkata hotel, ITC Sonar.
Tea Board of India filed a Lawsuit against ITC Ltd. that by using the word “Darjeeling” in one of its hotel resorts in Kolkata which is a breach of its landmark as well as well as a certificate mark as tea Board is the registered owner of the “Darjeeling” sign.
Tea Board of India moved an interlocutory application for temporary injunction for restraining the ITC Ltd. from using or conducting or making its business at the hotel by the name “Darjeeling Lounge”. Application stated that usage of the word “Darjeeling” in the name and logo by defendants is passing off or attempting to pass off its business or services so as to discredit the fame of Darjeeling tea as a geographical indication and/or to mislead persons.
In light of the above, answer the following questions in the light of the Geographical Indications of Goods (Registration and Protection) Act, 1999 :
(i)Is the contention of the India Tea Board, that ITC Ltd. is engaging in Passing- off, correct ? Explain.
The word “Darjeeling” -as precious to tea as it may be as champagne to sparkling wines of that province in France - cannot be exclusively claimed by the plaintiff by virtue of its registration as a geographical indication or as a certification trade mark. Even for a case of passing-off, the use of “Darjeeling” by a person other than the plaintiff can be complained of if the word or the geographical indication has any nexus with the product with which it is exclusively associated upon the registration. It is not necessary to consider whether a “Darjeeling Tea Stall” selling only hot cups of tea can entitle the plaintiff to carry a complaint in respect thereof or a “Darjeeling Tea House” selling all varieties of packaged tea can be said to be in derogation of the plaintiff’s rights. The defendant’s “Darjeeling Lounge” is an exclusive area within the confines of its hotel which is accessible only to its high-end customers. The lounge is a place where such customers and accompanying visitors may frequent, and even sip Darjeeling tea or any other beverage or drink, but there is scarcely any likelihood of deception or confusion in the lounge being named “Darjeeling” for the plaintiff to be granted to any order that it seeks. In light of above the contention of India Tea Board that the ITC Ltd. is using Passing-off, is not correct.
Source: ICSI Guideline Answers, June 2024, Q. 5(a)(i) (Syllabus 2022).
June 2025Q. 5(b)(ii)2 marksSyllabus 2022
Show the facts common to all parts of Q. 5
(b)Kancheepuram Sarees, a famous product made in the Kancheepuram region of Tamil Nadu, was registered under the Geographical Indication of Goods (Registration and Protection)
Act, 1999. The Kancheepuram Handloom Silk Weavers Co-operative Society Limited was constituted to register ‘‘Kancheepuram G.I’’ by traditional authentic weavers residing in Kancheepuram region.
The registration of a similar society was also made by the non-traditional producers which used the same G.I. against which the dispute arose. The Kancheepuram Society of Traditional Weavers filed a petition challenging the registration of a similar G.I. for the product, claiming that it would result in the misuse and exploitation of their traditional craft.
The petitioners argued that only the authentic weavers from the Kancheepuram region should be entitled to use the G.I. for Kancheepuram Sarees and that ‘‘Broader definition could result in the dilution of the uniqueness and quality of the product.
Therefore, the G.I. of Kancheepuram Sarees should be exclusive to the traditional weavers, of the Kancheepuram region and the G.I. Act should be interpreted in a way that protected the authenticity and tradition of the product. Any registration extending the use of G.I.
beyond this would lead to the exploitation of their craft. Union of India, the respondent, argued that G.I. Act is intended to protect the geographical origin of a product and does not restrict registration based on the type of producer. It should be extended to all the producers traditional as well as non-traditional weaver communities which produce authentic ‘‘Kancheepuram Sarees’’.
Considering the above case study, answer the following questions in the light of Geographical Indication of Goods (Registration and Protection) Act, 1999.
(ii)What are the benefits of Geographical Indication registration ?
Benefit of registration of Geographical Indications are as under:
•It confers legal protection to Geographical Indications in India.
•Prevents unauthorised use of a Registered Geographical Indication by others.
•It provides legal protection to Indian Geographical Indications which in turn boost exports.
•It promotes economic prosperity of producers of goods produced in a geographical territory.
(2 Marks)
Source: ICSI Guideline Answers, June 2025, Q. 5(b)(ii) (Syllabus 2022).
June 2025Q. 5(b)(v)2 marksSyllabus 2022
Show the facts common to all parts of Q. 5
(b)Kancheepuram Sarees, a famous product made in the Kancheepuram region of Tamil Nadu, was registered under the Geographical Indication of Goods (Registration and Protection)
Act, 1999. The Kancheepuram Handloom Silk Weavers Co-operative Society Limited was constituted to register ‘‘Kancheepuram G.I’’ by traditional authentic weavers residing in Kancheepuram region.
The registration of a similar society was also made by the non-traditional producers which used the same G.I. against which the dispute arose. The Kancheepuram Society of Traditional Weavers filed a petition challenging the registration of a similar G.I. for the product, claiming that it would result in the misuse and exploitation of their traditional craft.
The petitioners argued that only the authentic weavers from the Kancheepuram region should be entitled to use the G.I. for Kancheepuram Sarees and that ‘‘Broader definition could result in the dilution of the uniqueness and quality of the product.
Therefore, the G.I. of Kancheepuram Sarees should be exclusive to the traditional weavers, of the Kancheepuram region and the G.I. Act should be interpreted in a way that protected the authenticity and tradition of the product. Any registration extending the use of G.I.
beyond this would lead to the exploitation of their craft. Union of India, the respondent, argued that G.I. Act is intended to protect the geographical origin of a product and does not restrict registration based on the type of producer. It should be extended to all the producers traditional as well as non-traditional weaver communities which produce authentic ‘‘Kancheepuram Sarees’’.
Considering the above case study, answer the following questions in the light of Geographical Indication of Goods (Registration and Protection) Act, 1999.
(v)Is the contention of the Union of India, the respondent, correct ? Explain.
The Union of India, in defense, contended that the of the Geographical Indication of Goods (Registration and Protection) Act, 1999, is intended to protect the geographical origin of a product and does not restrict registration based on the type of producer. The protection under the GI Act should extend to all producers within the region, including those who do not necessarily belong to traditional weaver communities but still produce authentic Kancheepuram sarees, is correct Therefore, the registration to all producers within the region, including both traditional and non-traditional producers, as long as they could show that their products met the standards set for Kancheepuram Sarees. The Geographical Indication of Goods (Registration and Protection) Act, 1999 seeks to protect the geographical origin of a product and that broad protection would ensure that the quality and reputation of the product were maintained, without limiting the use of the Geographical Indication to a specific group of producers.
This case study is based upon the case of Kancheepuram Handloom Silk Weavers Co-operative Society Ltd. v/s Union of India (2006) 6 SCC 750.
(2 Marks)
Source: ICSI Guideline Answers, June 2025, Q. 5(b)(v) (Syllabus 2022).
June 2024Q. 5(a)(iii)2 marksSyllabus 2022
Show the facts common to all parts of Q. 5
(a)India Tea Board owns the famous Geographical Indication “Darjeeling” and the logo of the woman holding the tea leaves, as well as the trademark “Darjeeling” under the Trademarks Act, regarding “tea”.
ITC, Limited has used the “Darjeeling Lounge” as the name of its top lounge at its Kolkata hotel, ITC Sonar.
Tea Board of India filed a Lawsuit against ITC Ltd. that by using the word “Darjeeling” in one of its hotel resorts in Kolkata which is a breach of its landmark as well as well as a certificate mark as tea Board is the registered owner of the “Darjeeling” sign.
Tea Board of India moved an interlocutory application for temporary injunction for restraining the ITC Ltd. from using or conducting or making its business at the hotel by the name “Darjeeling Lounge”. Application stated that usage of the word “Darjeeling” in the name and logo by defendants is passing off or attempting to pass off its business or services so as to discredit the fame of Darjeeling tea as a geographical indication and/or to mislead persons.
In light of the above, answer the following questions in the light of the Geographical Indications of Goods (Registration and Protection) Act, 1999 :
(iii)Can the Tea Board of India file a complaint against ‘X’ for selling tea varieties at the Railway station under the name ‘Darjeeling Tea Stall’ ?
It is not necessary to consider whether a “Darjeeling Tea Stall” selling only hot cups of tea can entitle the plaintiff to carry a complaint in respect thereof or a “Darjeeling Tea House” selling all varieties of packaged tea can be said to be in derogation of the plaintiff’s rights. The defendant’s “Darjeeling Lounge” is an exclusive area within the confines of its hotel which is accessible only to its high-end customers. The lounge is a place where such customers and accompanying visitors may frequent, and even sip Darjeeling tea or any other beverage or drink, but there is scarcely any likelihood of deception or confusion in the lounge being named “Darjeeling” for the plaintiff to be granted to any order that it seeks.
So “Darjeeling Tea Stall” can sell all/multiple tea varieties and it cannot be said to be in the derogation of the plaintiff’s rights.
Source: ICSI Guideline Answers, June 2024, Q. 5(a)(iii) (Syllabus 2022).
June 2025Q. 5(b)(iii)2 marksSyllabus 2022
Show the facts common to all parts of Q. 5
(b)Kancheepuram Sarees, a famous product made in the Kancheepuram region of Tamil Nadu, was registered under the Geographical Indication of Goods (Registration and Protection)
Act, 1999. The Kancheepuram Handloom Silk Weavers Co-operative Society Limited was constituted to register ‘‘Kancheepuram G.I’’ by traditional authentic weavers residing in Kancheepuram region.
The registration of a similar society was also made by the non-traditional producers which used the same G.I. against which the dispute arose. The Kancheepuram Society of Traditional Weavers filed a petition challenging the registration of a similar G.I. for the product, claiming that it would result in the misuse and exploitation of their traditional craft.
The petitioners argued that only the authentic weavers from the Kancheepuram region should be entitled to use the G.I. for Kancheepuram Sarees and that ‘‘Broader definition could result in the dilution of the uniqueness and quality of the product.
Therefore, the G.I. of Kancheepuram Sarees should be exclusive to the traditional weavers, of the Kancheepuram region and the G.I. Act should be interpreted in a way that protected the authenticity and tradition of the product. Any registration extending the use of G.I.
beyond this would lead to the exploitation of their craft. Union of India, the respondent, argued that G.I. Act is intended to protect the geographical origin of a product and does not restrict registration based on the type of producer. It should be extended to all the producers traditional as well as non-traditional weaver communities which produce authentic ‘‘Kancheepuram Sarees’’.
Considering the above case study, answer the following questions in the light of Geographical Indication of Goods (Registration and Protection) Act, 1999.
(iii)Is there any difference between Geographical Indication and Trade Mark ?
A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises. Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.
(2 Marks)
Source: ICSI Guideline Answers, June 2025, Q. 5(b)(iii) (Syllabus 2022).
June 2024Q. 5(a)(ii)2 marksSyllabus 2022
Show the facts common to all parts of Q. 5
(a)India Tea Board owns the famous Geographical Indication “Darjeeling” and the logo of the woman holding the tea leaves, as well as the trademark “Darjeeling” under the Trademarks Act, regarding “tea”.
ITC, Limited has used the “Darjeeling Lounge” as the name of its top lounge at its Kolkata hotel, ITC Sonar.
Tea Board of India filed a Lawsuit against ITC Ltd. that by using the word “Darjeeling” in one of its hotel resorts in Kolkata which is a breach of its landmark as well as well as a certificate mark as tea Board is the registered owner of the “Darjeeling” sign.
Tea Board of India moved an interlocutory application for temporary injunction for restraining the ITC Ltd. from using or conducting or making its business at the hotel by the name “Darjeeling Lounge”. Application stated that usage of the word “Darjeeling” in the name and logo by defendants is passing off or attempting to pass off its business or services so as to discredit the fame of Darjeeling tea as a geographical indication and/or to mislead persons.
In light of the above, answer the following questions in the light of the Geographical Indications of Goods (Registration and Protection) Act, 1999 :
(ii)How a Geographical Indication is different from Trade Mark ?
Different between Geographical Indication and trade mark are as follow:
•A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises.
•Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.
Source: ICSI Guideline Answers, June 2024, Q. 5(a)(ii) (Syllabus 2022).
December 2024Q. 6A(ii)5 marksSyllabus 2022OR, alternative to Q. 6
(ii)What is meant by “Act of unfair competition” under the Geographical Indications of Goods (Registration and Protection) Act, 1999 ? What acts shall be deemed to be the acts of unfair competition ?
According to the Geographical Indications of Goods (Registration and Protection) Act, 1999 “act of unfair competition” means any act of competition contrary to honest practices in industrial or commercial matters. The following acts shall be deemed to be acts of unfair competition, namely:
All acts of such a nature as to create confusion by any means whatsoever with the establishment, the goods or the industrial or commercial activities, of a competitor; False allegations in the course of trade of such a nature as to discredit the establishment, the goods or the industrial or commercial activities, of a competitor; Geographical Indications, the use of which in the course of trade is liable to mislead the persons as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods.
Source: ICSI Guideline Answers, December 2024, Q. 6A(ii) (Syllabus 2022).
June 2026Q. 6(b)5 marksSyllabus 2022
(b)The “Mewar Marble Association”, consisting of marble quarry owners from the Udaipur region of Rajasthan, applies for registration of the name “Mewar Marble” as a Geographical Indication. They claim that the marble extracted from this region is famous for its unique white texture, durability and traditional mining techniques, which are essentially attributable to the geographical conditions of the area. Whether the name “Mewar Marble” can be registered as a Geographical Indication as per Geographical Indications of Goods (Registration and Protection) Act, 1999 ?
Under Section 2(e) of the Geographical Indications of Goods (Registration and Protection)
Act, 1999, a Geographical indication 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 characteristic 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.
It may be noted that any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be.
In the present case, the Mewar Marble Association has applied for registration of “Mewar Marble”, which clearly indicates that the marble originates from the Mewar region of Rajasthan. The marble is claimed to have unique texture, durability and characteristics that are attributable to the geographical conditions and traditional mining methods of the region.
Therefore, the indication directly relates the goods to a specific geographical area and its special qualities. Hence, “Mewar Marble” can be registered as a Geographical Indication, as it satisfies the requirements of the Act.
Source: ICSI Guideline Answers, June 2026, Q. 6(b) (Syllabus 2022).
June 2025Q. 5(b)(i)2 marksSyllabus 2022
Show the facts common to all parts of Q. 5
(b)Kancheepuram Sarees, a famous product made in the Kancheepuram region of Tamil Nadu, was registered under the Geographical Indication of Goods (Registration and Protection)
Act, 1999. The Kancheepuram Handloom Silk Weavers Co-operative Society Limited was constituted to register ‘‘Kancheepuram G.I’’ by traditional authentic weavers residing in Kancheepuram region.
The registration of a similar society was also made by the non-traditional producers which used the same G.I. against which the dispute arose. The Kancheepuram Society of Traditional Weavers filed a petition challenging the registration of a similar G.I. for the product, claiming that it would result in the misuse and exploitation of their traditional craft.
The petitioners argued that only the authentic weavers from the Kancheepuram region should be entitled to use the G.I. for Kancheepuram Sarees and that ‘‘Broader definition could result in the dilution of the uniqueness and quality of the product.
Therefore, the G.I. of Kancheepuram Sarees should be exclusive to the traditional weavers, of the Kancheepuram region and the G.I. Act should be interpreted in a way that protected the authenticity and tradition of the product. Any registration extending the use of G.I.
beyond this would lead to the exploitation of their craft. Union of India, the respondent, argued that G.I. Act is intended to protect the geographical origin of a product and does not restrict registration based on the type of producer. It should be extended to all the producers traditional as well as non-traditional weaver communities which produce authentic ‘‘Kancheepuram Sarees’’.
Considering the above case study, answer the following questions in the light of Geographical Indication of Goods (Registration and Protection) Act, 1999.
(i)What is meant by Geographical Indication ?
As per Section 2(e) of the Geographical Indication of Goods (Registration and Protection) Act, 1999, Geographical Indication 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 characteristic 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.
It may be noted that any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be.
(2 Marks)
Source: ICSI Guideline Answers, June 2025, Q. 5(b)(i) (Syllabus 2022).
June 2025Q. 5(b)(iv)2 marksSyllabus 2022
Show the facts common to all parts of Q. 5
(b)Kancheepuram Sarees, a famous product made in the Kancheepuram region of Tamil Nadu, was registered under the Geographical Indication of Goods (Registration and Protection)
Act, 1999. The Kancheepuram Handloom Silk Weavers Co-operative Society Limited was constituted to register ‘‘Kancheepuram G.I’’ by traditional authentic weavers residing in Kancheepuram region.
The registration of a similar society was also made by the non-traditional producers which used the same G.I. against which the dispute arose. The Kancheepuram Society of Traditional Weavers filed a petition challenging the registration of a similar G.I. for the product, claiming that it would result in the misuse and exploitation of their traditional craft.
The petitioners argued that only the authentic weavers from the Kancheepuram region should be entitled to use the G.I. for Kancheepuram Sarees and that ‘‘Broader definition could result in the dilution of the uniqueness and quality of the product.
Therefore, the G.I. of Kancheepuram Sarees should be exclusive to the traditional weavers, of the Kancheepuram region and the G.I. Act should be interpreted in a way that protected the authenticity and tradition of the product. Any registration extending the use of G.I.
beyond this would lead to the exploitation of their craft. Union of India, the respondent, argued that G.I. Act is intended to protect the geographical origin of a product and does not restrict registration based on the type of producer. It should be extended to all the producers traditional as well as non-traditional weaver communities which produce authentic ‘‘Kancheepuram Sarees’’.
Considering the above case study, answer the following questions in the light of Geographical Indication of Goods (Registration and Protection) Act, 1999.
(iv)When may a registered Geographical Indication be treated as infringed ?
The Geographical Indication may be treated to be infringed in the following situations:
•When an unauthorised user uses a geographical indication that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which mislead the public as to the geographical origin of such goods.
•When the use of geographical indication result in an unfair competition including passing off in respect of registered geographical indication.
•When the use of another geographical indication results in false representation to the public that goods originate in a territory in respect of which a registered geographical indication relates.
(2 Marks)
Source: ICSI Guideline Answers, June 2025, Q. 5(b)(iv) (Syllabus 2022).
June 2024Q. 5(a)(iv)2 marksSyllabus 2022
Show the facts common to all parts of Q. 5
(a)India Tea Board owns the famous Geographical Indication “Darjeeling” and the logo of the woman holding the tea leaves, as well as the trademark “Darjeeling” under the Trademarks Act, regarding “tea”.
ITC, Limited has used the “Darjeeling Lounge” as the name of its top lounge at its Kolkata hotel, ITC Sonar.
Tea Board of India filed a Lawsuit against ITC Ltd. that by using the word “Darjeeling” in one of its hotel resorts in Kolkata which is a breach of its landmark as well as well as a certificate mark as tea Board is the registered owner of the “Darjeeling” sign.
Tea Board of India moved an interlocutory application for temporary injunction for restraining the ITC Ltd. from using or conducting or making its business at the hotel by the name “Darjeeling Lounge”. Application stated that usage of the word “Darjeeling” in the name and logo by defendants is passing off or attempting to pass off its business or services so as to discredit the fame of Darjeeling tea as a geographical indication and/or to mislead persons.
In light of the above, answer the following questions in the light of the Geographical Indications of Goods (Registration and Protection) Act, 1999 :
(iv)What if ITC Limited has been operating and using the ‘Darjeeling Lounge’ long before the enactment of the Act ?
ITC Limited running and using the “Darjeeling Lounge” before the enactment of Geographical Indications of Goods (Registration and Protection) Act, 1999, as to the case of dilution, the name “Darjeeling” has been extensively used in many trading and commercial circles for decades before the GI Act was enacted. In a case of dilution by blurring, it is the uniqueness of a mark which is protected even in a case where there is no likelihood of confusion. But the word “Darjeeling” has been and continues to be so widely used as a business name or for like purpose for so long that the plaintiff’s recent plea would, prima facie, not entitle them to enjoy the kind of exclusivity that they asserts/claim.
Source: ICSI Guideline Answers, June 2024, Q. 5(a)(iv) (Syllabus 2022).
December 2025Q. 6(d)5 marksSyllabus 2022
(d)A local weaver in India produces shawls and wishes to market them under the famous geographical indication ‘‘Kullu Shawls’’, known for their origin and quality from the Kullu region. The weaver labels the shawls and their packaging as ‘‘Original Kullu Shawls’’ and advertises them online using this indication.
Discuss whether the weaver is deemed to have applied a geographical indication to the goods as per the provisions of Section 37 of the Geographical Indications of Goods (Registration and Protection) Act, 1999.
Section 37 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 provides that a person shall be deemed to apply a geographical indication to goods who:
(a)applies it to the goods themselves; or
(b)applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture; or
(c)places, encloses or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a geographical indication has been applied; or
(d)uses a geographical indication in any manner reasonably likely to lead to the belief that the goods in connection with which it is used are designated or described by that geographical indication; or
(e)in relation to the goods uses a geographical indication in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial documents and goods are delivered to a person in pursuance of a request or order made by reference to the geographical indication as so used.
In this case, by labeling the shawls and their packaging as “Original Kullu Shawls” the weaver satisfies section 37 (a) and (b). By advertising them online using this indication, he satisfies section 37 (e ) .Therefore, the weaver is deemed to have applied the geographical indication to the goods under Section 37.
Source: ICSI Guideline Answers, December 2025, Q. 6(d) (Syllabus 2022).
June 2024Q. 5(a)(v)2 marksSyllabus 2022
Show the facts common to all parts of Q. 5
(a)India Tea Board owns the famous Geographical Indication “Darjeeling” and the logo of the woman holding the tea leaves, as well as the trademark “Darjeeling” under the Trademarks Act, regarding “tea”.
ITC, Limited has used the “Darjeeling Lounge” as the name of its top lounge at its Kolkata hotel, ITC Sonar.
Tea Board of India filed a Lawsuit against ITC Ltd. that by using the word “Darjeeling” in one of its hotel resorts in Kolkata which is a breach of its landmark as well as well as a certificate mark as tea Board is the registered owner of the “Darjeeling” sign.
Tea Board of India moved an interlocutory application for temporary injunction for restraining the ITC Ltd. from using or conducting or making its business at the hotel by the name “Darjeeling Lounge”. Application stated that usage of the word “Darjeeling” in the name and logo by defendants is passing off or attempting to pass off its business or services so as to discredit the fame of Darjeeling tea as a geographical indication and/or to mislead persons.
In light of the above, answer the following questions in the light of the Geographical Indications of Goods (Registration and Protection) Act, 1999 :
(v)What is punishment for applying false Geographical Indications ?
According to Section 39 of the Geographical Indication of Goods (Registration and Protection)
Act, 1999, any person who apply false Geographical Indications shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees. It is also provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.
Source: ICSI Guideline Answers, June 2024, Q. 5(a)(v) (Syllabus 2022).
December 2023Q. 6A(iii)5 marksSyllabus 2022OR, alternative to Q. 6
(iii)Explain the Provision 39 of Geographic indications relating to penalty for false geographical indications.
According to Section 39 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, any person who:
(a)Falsifies any geographical indication or
(b)Falsely applies to goods any geographical indication or
(c)Makes, disposes of, or has in his possession, any die, block machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a geographical indication or
(d)Applies to any goods to which an indication of the country or place in which they were made or produced or the name and the address of the manufacture or person for whom the goods are manufactured is required to be applied under Section 71, a false indication of such country, place, name or address or
(e)Tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under Section 71 or
(f)Causes any of the things above-mentioned in this Section to be done, shall unless he proves that he acted, without intent to defraud, shall punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.
It may be noted that the court may, for adequate and special reason to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.
Source: ICSI Guideline Answers, December 2023, Q. 6A(iii) (Syllabus 2022).
June 2024Q. 6A(iii)5 marksSyllabus 2022OR, alternative to Q. 6
(iii)“Section 9 of the Geographical Indications of Goods (Registration and Protection Act, 1999 prohibits registration of certain geographical indications.” Discuss.
Section 9 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 prohibits registration of certain geographical indications. They are as follows: -
(a)the use of which would be likely to deceive or cause confusion, or
(b)the use of which would be contrary to any law for the time being in force, or
(c)which comprises or contains scandalous or obscene matter, or
(d)which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India, or
(e)which would otherwise be disentitled to protection in a court, or
(f)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, or
(g)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 in another territory, region or locality, as the case may be, shall not be registered as a geographical indication.
Source: ICSI Guideline Answers, June 2024, Q. 6A(iii) (Syllabus 2022).