In order to comply with TRIPS Agreement, India enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999. The difference/differences between a `Trade Mark` and a Geographical Indication is/are: 1. A Trade Mark is an individual or

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Q: 17 (IAS/2010)
In order to comply with TRIPS Agreement, India enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999. The difference/differences between a 'Trade Mark' and a Geographical Indication is/are:
1. A Trade Mark is an individual or a company's right whereas a Geographical Indication is a community's right.
2. A Trade Mark can be licensed whereas a Geographical Indication cannot be licensed.
3. A Trade Mark is assigned to the manufactured goods whereas the Geographical Indication is assigned to the agricultural goods/products and handicrafts only.
Which of the statements given above is/are correct ?

question_subject: 

Current Affairs

question_exam: 

IAS

stats: 

0,54,100,58,54,8,34

keywords: 

{'geographical indication': [0, 0, 1, 1], 'geographical indications': [0, 0, 0, 1], 'agricultural goods': [0, 0, 1, 0], 'trade mark': [0, 0, 1, 0], 'trips agreement': [0, 0, 1, 1], 'india': [8, 1, 7, 13], 'goods': [0, 1, 5, 27], 'registration': [1, 0, 3, 3], 'products': [1, 3, 4, 8], 'differences': [0, 0, 1, 3]}

The correct answer is option 2, which states that the differences between a `Trade Mark` and a Geographical Indication are: 1. A Trade Mark is an individual or a company`s right whereas a Geographical Indication is a community`s right and 2. A Trade Mark can be licensed whereas a Geographical Indication cannot be licensed.

In detail:

1. A Trade Mark is owned by an individual or a company. This sign is used to distinguish the goods or services of one entity from others. Conversely, a Geographical Indication is a sign used on products that have a specific geographical origin and possess qualities due to that origin. It is a collective right, owned by all producers from that geographical area.

2. Trade Marks can be sold, transferred or licensed to another entity, but Geographical Indications can`t be since they are tied to the geographical location.

Statement 3 is incorrect as Geographical Indications are not just limited to agricultural goods/products and handicrafts, but also to natural and manufactured goods. Geographical Indication could include wine, cheese, pottery, etc., which come from a specific region and carry a reputation due to its geography.