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Q16 (IAS/2010) Polity & Governance › Governance, Policies & Social Justice › Economic governance laws Answer Verified

In order to comply with TRIPS Agreement, 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 ?

Result
Your answer: —  Â·  Correct: B
Explanation

Statement 1 is correct: trademarks are private rights that can be owned by an individual, business or legal entity, while a GI denotes a collective right tied to a region and its producers [1]. Statement 2 is essentially correct: trademarks can be licensed or assigned in the ordinary commercial sense, whereas a GI is not a private brand that can be licensed in the same way—it is a communal/collective entitlement managed to allow legitimate producers to use the indication rather than a transferable private license [1]. Statement 3 is incorrect: GIs can apply to agricultural, natural and manufactured goods (including processed/manufactured items and handicrafts), so they are not limited to agricultural products alone [2].

Sources

  1. [1] Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 13: International Organizations > 13.8 Intellectual Property Rights (IPR) > p. 386
  2. [2] Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 18: International Economic Institutions > Geographical Indication > p. 543
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