I.D.
END TERM EXAMINATION, APRIL-2018
B.A.LL.B. (HONS.)
SEMESTER-VIII X
IPR- Geographical Indications Hons. II)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each
question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
What is the ambit of goods under the Geographical Indications Act 1999?
How collective marks help in protection of geographical indications?
Differentiate between an indication of source and appellation of origin.
Which Indications are prohibited from registration under the Geographical Indications Act 1999?
Define a Protected Designation of Origin with help of Illustration.
What is the test for determining gendercide of geographical indication?
Explain the concept of unfair competition regarding indications as provided under Paris Convention.
What are the rights conferred by registration of geographical indication to an authorized user?
Discuss the procedure for renewal and restoration of a geographical indication.
Who can be a registered proprietor of a geographical indication?
2. Miss Malini is an authorised user of the Geographical Indication "Kanchipuram Sarees" which is registered in India.
Miss Malini had mortgaged her rights to exclusive use of the tag "Kanchipuram saree" to M/s Fake GI Entity for 10
years in 2010. After Miss Malini's death in 2015, her daughter Hema Malini started using the tag for sale of original
"Kanchipuram sarees" in India. M/s Fake GI Entity sued Hema Malini for infringement of its rights as authorized
users which it has gained through the Mortgage Deed executed in 2010.
In light of the above problem, with the help of relevant concepts under the Geographical Indications Act 1999 and
provisions herein, analyze the validity of the mortgage executed between Miss Malini and M/s Fake GI Entity. Finally
decide the case accordingly. (Marks 10)
3. "India being a nation rich in traditional knowledge and cultural heritage has successfully adopted geographical
indications as an Intellectual Property tool for protection of the same".
Do you agree with the statement? State reasons with the help of appropriate provisions of the Geographical
Indications Act 1999 (Marks 10)
4. Sataki is a Non-governmental organization which uses the indication "Mewar's Talwar" with logo of two swords
crossing each other and in italics "Registered GI" written along with the indication and the logo. However, no such
geographical indication is yet registered in India. In light of the above facts, discuss who can file a complaint against
Sataki and which provisions of the Geographical Indications Act 1999 will be drawn in the present case.
(Marks 10)
PTO
5. Write short note on "Falsifying and Falsely applying a geographical Indication". Also state the penalties for falsely
representing a geographical indication to be registered as under the Geographical Indications Act 1999.
(Marks 10)
6. Whether the registration of an indication as a geographical indication will pre-empt the rights of holder of registered
identical trademarks which are registered prior to the registration of the geographical indication? Discuss with help of
provisions of the Geographical Indications Act 1999. (Marks 10)
7. Write short note (Marks
Generic Geographical Indications
Homonymous Geographical Indications