Mid Term Examination, February 2016
B.A.LL.B. (HONS.)
SEMESTER VIII X
IPR-GEOGRAPHICAL INDICATIONS (HONS.-I)
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three. All questions carry equal marks.
1. "Although the concept of appellation of origin can thus be seen to lie at the heart of concept of geographical indications, the criteria, defining geographical indications seems less restrictive than the criteria defining appellation of origin."
Relying on the international legal regime governing Geographical indications and Appellation of origin, explain for or against the above statement. (Marks 10)
2. Geographical indications are a preferred tool for protection of Traditional knowledge over other forms of Intellectual Property Rights. Discussing the nature of rights granted under GI protection regime, propose how geographical indication is a mean of preserving traditional knowledge for communities. (Marks 05)
"Although distinguishable from other forms of intellectual property rights, geographical indications are often confused with trademarks." Elaborate on the similarities and/or dissimilarities between the concept and role of trademark and geographical indication.
(Marks 05)
3. What is Indication of Source? (Marks 03)
Article 23 of TRIPs Agreement has been the pivotal of controversies. Discuss the law under Article 23 of the said agreement and why it is labeled to be an "absolute protection" or "higher level of protection" provision in comparison to other TRIPs provisions relating to geographical indications. (Marks 07)