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Discussion

For claiming protection under the Geographical indications of Goods Act, 1999 which one of the following condition is not applicable ?

  • A.The indications shall identify such goods as agricultural goods, natural goods or manufactured goods as originating or manufactured in the territory
  • B.The quality, reputation or other charactristics of such goods is essentially attributable to its geographical origin
  • C.Such goods are manufactured goods one of the activities of either the production or of processing or preparation takes place in such territory
  • D.Such goods or product has a unique quality which is associated with as recognised with the specific character of region class or community of given territory

Answer: D

The condition that is not applicable is the requirement of a unique quality associated with the specific character of a region, class or community.

Section 2(1)(e) of the Geographical Indications of Goods Act, 1999 defines a geographical indication as one that identifies agricultural, natural or manufactured goods as originating or manufactured in a territory (A), where a given quality, reputation or other characteristic is essentially attributable to the geographical origin (B), and, for manufactured goods, where one of the activities of production, processing or preparation takes place in that territory (C).

The Act does not demand uniqueness tied to a class or community, so option D is not one of its conditions.

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