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Are there any obstacles to protecting a geographical indication?

Are there any obstacles to protecting a geographical indication?

The following are generally excluded from geographical indication protection –

  1. signs that do not qualify as geographical indications under the applicable law.

From a legal point of view, potential obstacles to successfully registering a geographical indication (GI) may include the following –

  1. Conflict with a prior mark.
  2. Generic character of the term that constitutes the GI.
  3. The existence of a homonymous geographical indication , the use of which would be considered potentially misleading as to the product’s true origin.
  4. The indication’s name being that of a plant variety or animal breed.
  5. The lack of protection of the GI in its country of origin.

Geographical Indications – The term GI has been defined as “Geographical Indications”, in relation to goods, means an indication which 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 in that territory, where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

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