Geographical Indication Act 1999: Section 9 Provision
The Geographical Indication of Goods (Registration and Protection) Act 1999 is a key legislation in India for protecting unique products originating from specific geographical regions.
Understanding Section 9
Section 9 of this Act specifically addresses grounds upon which a geographical indication might be refused registration. It outlines circumstances where the registration of a geographical indication is not permitted.
Key Provision: Prohibition of Registration
As per Section 9 of the Geographical Indication of Goods (Registration and Protection) Act 1999, the Registrar is mandated to refuse the registration of a geographical indication if it falls under certain categories that are prohibited. These typically include indications that:
- Are likely to deceive or cause confusion.
- Are contrary to law, morality, or decency.
- Contain scandalous or obscene matter.
- Include the name of a person, unless it is distinctively written or presented.
- Are identical or similar to existing geographical indications for goods of the same kind.
- Are purely generic or have lost their geographical character.
Therefore, Section 9 directly provides for the Prohibition of Registration of Certain geographical indications based on these specific grounds.
Important Questions from Intellectual Property Rights
- Match the LIST-I with LIST-II
LIST-I Type of IPR LIST-II Concept A. Geographical Indication I. Post grant opposition B. Trademark II. Protection of Right Management Information (RMI) C. Patent III. Prohibition of Assignment D. Copyright IV. Honest Concurrent use
Choose the correct answer from the options given below: - Which of the following theory/theories is/are not closely connected to intellectual property rights?
A. Economic Theory
B. Autopoietic legal Theory
C. Social Planning Theory
D. Instrumentalist Theory
E. Social Contract Theory
Choose the correct answer from the options given below: - Arrange the following provisions pertaining to procedure of granting patent (section-wise) in its correct sequence.
A. Time for putting application in order for grant
B. Request for examination
C. Publication of application
D. Priority date of claims of a complete specification
E. Mention of inventor as such in patent
Choose the correct answer from the options given below: - The trademarks can be broadly classified into which of the following categories?
A. Descriptive
B. Normative
C. Generic
D. Explanatory
E. Invented
Choose the most appropriate answer from the option given below: - Match the LIST-I with LIST-IIChoose the correct answer from the options given below:
LIST-I
(WIPO administered IPR Treaties)LIST-II
(Year of Adoption)A. Patent Law Treaty I. 2024 B. Riyadh Design Law Treaty II. 2000 C. WIPO Copyright Treaty III. 1981 D. Nairobi Treaty IV. 1996
