END TERM EXAMINATION, APRIL 2016
B.A.LL.B. (HONS.)
SEMESTER-VIII X
IPR-Geographical Indications
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The 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)
a. Define 'Geographical Indication, under the Geographical Indications of Goods
(Registration Protection) Act 1999.
b. Define and 'producer of goods' under the Geographical Indications of Goods
(Registration Protection) Act, 1999.
c. Explain Falsifying and Falsely applying geographical indications'
d. Explain 'homonymous geographical indication'.
e. Distinguish between Geographical Indication and Collective Mark.
f. Distinguish between Geographical Indication and Certification Mark
g. Discuss penalty for applying false geographical indications.
h. Discuss the jurisdiction of court under the GI Act
i. Discuss the grounds for prohibition of registration of geographical indication as trade
mark.
j. Discuss the rights conferred by registration under GI Act.
2. What rights are conferred by registrations of Geographical Indications? How these
rights are protected? (Marks 05)
When is registered Geographical Indications said to be infringed? Who can initiate an
infringement action? (Marks 05)
3. Which law governs protection of Geographical Indications in India and why? Which
International Convention has been the basis of the protection of Geographical Indications?
Clearly bring out the interface between a trademark and geographical indication while
explaining the appellation of origin. Also cite certain examples of geographical
indications. (Marks 10)
4. Discuss the procedure for registration of a Geographical Indication in the light of the
grounds of refusal of the registration of the same. What are the rights conferred by the
registration and what are the remedies available against infringement of Geographical
Indications? (Marks 10)
5. "Certain geographical names have acquired a lot of importance in the commercial market,
particularly with regard to goods uniquely associated with such names". Discuss in the
context of the International Law relating to Geographical Indications. (Marks 10)
6. Who can apply for the registration of a geographical indication? What is the benefit of
registration of Geographical Indications? Who is a registered proprietor of a Geographical
Indication? Explain. (Marks 10)
7. Write short notes on any two of the following:- (Marks 5×2=10)
a. Constitution, Power and function of Appellate Board under the GI Act.
b. Authorised User and Procedure for registration of an Authorised User under GI Act.
c. Duration, Renewal, Restoration and Cancellation of Geographical Indications under
GI Act.