Exam Details

Subject geographical indications
Paper
Exam / Course b.a. ll.b.
Department
Organization Hidayatullah National Law University
Position
Exam Date June, 2016
City, State chhattisgarh, raipur


Question Paper

END TERM EXAMINATION, APRIL 2016
B.A.LL.B. (HONS.)
SEMESTER-VIII X
IPR-Geographical Indications (Hon.-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)
a. Define 'Geographical Indication'.
b. Does Geographical Indication help to the cause of rural development? Discuss.
c. Distinguish Geographical Indication from Collective Marks.
d. What do you mean by 'False Geographical Indication'?
e. Define 'Homonymous Geographical Indication'.
f. Who is the 'Producer of Geographical Indication' under the G.I. Act, 1999?
g. "The meaning of 'origin' as used in TRIPs goes back to the definition of "appellation of
origin" set out in the Lisbon Agreement". Discuss.
h. What are the differences between Trade Marks and Geographical Indications?
i. What are the salient features of Lisbon Agreement, 1958?
j. What are the rights conferred by registration of a geographical indication under
Geographical Indications Act, 1999?
2. "Traditional Knowledge and Geographical Indications share a common element in so far as
they both protect accumulated knowledge typical to a specific locality. While traditional
knowledge expresses the local traditions of knowledge, Geographical Indications stand for
specific geographical origin of a typical product or production method". Discuss. Also explain
the importance of Geographical Indication as a mean to preserve traditional knowledge.
(Marks 10)
3. "While economic concerns plainly loom large in the debate over Geographical Indications, the
effect to entrench Geographical Indication protection in international law also draws strength
from more diffuse concerns about authenticity, heritage and locality in a rapidly integrating
world". In the light of above statement, discuss the evolution of law relating to protection of
Geographical Indications at international level. (Marks 10)
4. Discuss the law relating to registration of Geographical Indications under the G. I. Act, 1999.
Does quality of goods play any significant role in giving protection to geographical
indications under Geographical Indication of Goods (Registration Protection) Act, 1999?
(Marks 10)
5. Discuss the law relating to the duration, renewal, revocation and cancelation of geographical indication as provided under Geographical Indication of Goods (Registration Protection) Act, 1999. (Marks 10)

6. Discuss the following: (Marks 5×2=10) a. The grounds on which registration of geographical indication may be denied under the Geographical Indications of Goods (Registration Protection) Act, 1999. b. Offences and penalties under the Geographical Indications of Goods (Registration Protection) Act, 1999.

7. "The TRIPs Agreement obliges WTO members to directly implement the Agreement provisions into existing national legislation. Even so, members were allowed to choose the appropriate ways for implementation; as a result, geographical indications implementation has occurred in the most diverse and uncoordinated manner". Examine the above statement. Also discuss the distinction between registration and non-registration systems for the protection of geographical indications. (Marks 10)


Subjects

  • administrative law
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  • geographical indications
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