Definitions relevant to Geographical indication-
In relation to goods, a “geographical indication” is an indication that identifies such goods as agricultural goods, natural goods, or manufactured goods as originating, or manufactured, in the territory of a country, or a region or locality within that territory, where a given quality, reputation, or other characteristic of such goods is essentially attributable to its geographical origin, and in the case of manufactured goods one of the activities of either the manufacturer or the consumer is essentially attributable to its geographical origin.
Explanation– Any name that is not the name of a country, region, or locality of that country is also considered a geographical indication for the purposes of this clause if it relates to a specific geographical area and is used on or in relation to specific goods originating from that country, region, or locality.
“Deceptively similar” is a phrase used to describe how similar two things are. A geographical indicator is deceptively similar to another geographical indication if it resembles that other geographical indication so closely that it is likely to deceive or create misunderstanding;
“Goods” refers to agricultural, natural, or manufactured goods, as well as handicraft and industrial goods, and includes food;
“Indication” refers to any name, geographical or figurative representation, or any combination of them, conveying or suggesting the geographical origin of goods to which it applies;
“Registered proprietor” refers to any association of persons or producers or any organisation for the time being entered in relation to a geographical indication.
Registration of some geographical indicators is prohibited. —
A geographical indication—
(a) the use of which would be likely to deceive or cause confusion; or
(b) the use of which would be contrary to any currently in force law; or
(c) which contains or contains scandalous or obscene matter; or
(d) which contains or contains any matter likely to hurt the religious sensitivities of any class or section of Indian citizens; or
(e) which would otherwise be disentitled to legal protection; or
(f) which would otherwise be disentitled to legal or
(g) which have been determined to be generic names or indications of goods and, as a result, are not or have ceased to be protected in their country of origin, or have fallen out of use in that country; or
(h) which, while literally true as to the territory, region, or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region, or locality, as the case may be, shall not be registered as a geographical indication.
Explanation 1- In relation to goods, “generic names or indications” means the name of a good that, while relating to the place or region where the good was originally produced or manufactured, has lost its original meaning and has become the common name of such goods and serves as a designation for or indication of the kind, nature, type, or other property or feature of the good.
Explanation 2— When deciding whether a name has become generic, all criteria must be considered, including the current condition in the region or location where the name originated, as well as the area where the items are consumed.
Geographical indicators with the same name registered—
A homonymous geographical indication may be registered under this Act, subject to the provisions of section 7, if the Registrar is satisfied, after considering the practical conditions under which the homonymous indication in question shall be distinguished from other homonymous indications and the need to ensure equitable treatment of the producers of the goods in question, that the consumers of such goods will not be confused or misled as a result of such registration.
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