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Can all geographical indications be registered?

Can all geographical indications be registered?

All geographical indications can not be registered because – 

  1. Its use is likely to deceive or cause confusion or be contrary to any law.
  2. It comprises or contains scandalous or obscene matter or any matter likely to hurt religious susceptibilities of any class or section of the citizens of India.
  3. It is a generic name.
  4. It has ceased to be protected in their country of origin or which have fallen into disuse in that country.
  5. It is falsely represented by persons claiming that goods originate in another territory, region or locality as the case may be.

A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.

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