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Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from a particular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.
Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).
The system used in France from the early part of the twentieth century is known as the appellation d'origine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins and standards of the product to the consumer. Examples of products that have such ‘appellations of origin’ include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).
The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indications have other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. ‘Shiraz’), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico, Portugal, Slovakia, Togo, Tunisia). About 170 geographical indications were registered by Lisbon Agreement members as of 1997. The TRIPs Agreement defines “geographical indications” as indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of geographical indications from the United States include: “FLORIDA” for oranges; “IDAHO” for potatoes; “VIDALIA” for onions; and “WASHINGTON STATE” for apples. Geographical indications are valuable to producers for the same reason that trademarks are valuable. Geographical indications serve the same functions as trademarks, because like trademarks they are: source-identifiers; guarantees of quality; and valuable business interests. Although, as mentioned above “geographical indications” are often associated with Europe, the U.S. system for protection of geographical indications can be dated to at least the Trademark Act of 1946.
 
 
Q. Choose the FALSE statement:
  • a)
    TRIPs has given a definition for Geographical Indications.
  • b)
    The owner of a Geographical Indication enjoys certain monopoly rights.
  • c)
    Many Geographical Indication laws do not permit use of generic names as GIs.
  • d)
    There was universal consensus on the Lisbon Agreement.
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
Governments have been protecting trade names and trademarks used in re...
Option 1 is found in the last paragraph: “The TRIPs Agreement defines “geographical indications” as indications that identify a good as originating in the territory of a Member, or a region or locality in that territory.” Option 2 can be inferred from the first sentence of the 2nd paragraph: “The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indications have other similarities with trademarks.” Option 3 can be eliminated from the 2nd paragraph, where the example of Parmesan is given.
The passage is silent about the consensus on the Lisbon Agreement. Hence, the correct answer is option 4.
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Group QuestionA passage is followed by questions pertaining to the passage. Read the passage and answer the questions. Choose the most appropriate answer.Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisi

Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisi

Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisi

The passage below is accompanied by four questions. Based on the passage, choose the best answer for each question.Many human phenomena and characteristics – such as behaviors, beliefs, economies, genes, incomes, life expectancies, and other things – are influenced both by geographic factors and by non-geographic factors. Geographic factors mean physical and biological factors tied to geographic location, including climate, the distributions of wild plant and animal species, soils, and topography. Non-geographic factors include those factors subsumed under the term culture, other factors subsumed under the term history, and decisions by individual people. . . .[T]he differences between the current economies of North and South Korea . . . cannot be attributed to the modest environmental differences between [them] . . . They are instead due entirely to the different [government] policies . . . At the opposite extreme, the Inuit and other traditional peoples living north of the Arctic Circle developed warm fur clothes but no agriculture, while equatorial lowland peoples around the world never developed warm fur clothes but often did develop agriculture. The explanation is straightforwardly geographic, rather than a cultural or historical quirk unrelated to geography. . . . Aboriginal Australia remained the sole continent occupied only by hunter/gatherers and with no indigenous farming or herding . . . [Here the] explanation is biogeographic: the Australian continent has no domesticable native animal species and few domesticable native plant species. Instead, the crops and domestic animals that now make Australia a food and wool exporter are all non-native (mainly Eurasian) species such as sheep, wheat, and grapes, brought to Australia by overseas colonists.Today, no scholar would be silly enough to deny that culture, history, and individual choices play a big role in many human phenomena. Scholars dont react to cultural, historical, and individual-agent explanations by denouncing "cultural determinism," "historical determinism," or "individual determinism," and then thinking no further. But many scholars do react to any explanation invoking some geographic role, by denouncing "geographic determinism" . . .Several reasons may underlie this widespread but nonsensical view. One reason is that some geographic explanations advanced a century ago were racist, thereby causing all geographic explanations to become tainted by racist associations in the minds of many scholars other than geographers. But many genetic, historical, psychological, and anthropological explanations advanced a century ago were also racist, yet the validity of newer non-racist genetic etc. explanations is widely accepted today.Another reason for reflex rejection of geographic explanations is that historians have a tradition, in their discipline, of stressing the role of contingency (a favorite word among historians) based on individual decisions and chance. Often that view is warranted . . . But often, too, that view is unwarranted. The development of warm fur clothes among the Inuit living north of the Arctic Circle was not because one influential Inuit leader persuaded other Inuit in 1783 to adopt warm fur clothes, for no good environmental reason.A third reason is that geographic explanations usually depend on detailed technical facts of geography and other fields of scholarship . . . Most historians and economists dont acquire that detailed knowledge as part of the professional training.All of the following are advanced by the author as reasons why non-geographers disregard geographic influences on human phenomena EXCEPT their

The passage below is accompanied by four questions. Based on the passage, choose the best answer for each question.Many human phenomena and characteristics – such as behaviors, beliefs, economies, genes, incomes, life expectancies, and other things – are influenced both by geographic factors and by non-geographic factors. Geographic factors mean physical and biological factors tied to geographic location, including climate, the distributions of wild plant and animal species, soils, and topography. Non-geographic factors include those factors subsumed under the term culture, other factors subsumed under the term history, and decisions by individual people. . . .[T]he differences between the current economies of North and South Korea . . . cannot be attributed to the modest environmental differences between [them] . . . They are instead due entirely to the different [government] policies . . . At the opposite extreme, the Inuit and other traditional peoples living north of the Arctic Circle developed warm fur clothes but no agriculture, while equatorial lowland peoples around the world never developed warm fur clothes but often did develop agriculture. The explanation is straightforwardly geographic, rather than a cultural or historical quirk unrelated to geography. . . . Aboriginal Australia remained the sole continent occupied only by hunter/gatherers and with no indigenous farming or herding . . . [Here the] explanation is biogeographic: the Australian continent has no domesticable native animal species and few domesticable native plant species. Instead, the crops and domestic animals that now make Australia a food and wool exporter are all non-native (mainly Eurasian) species such as sheep, wheat, and grapes, brought to Australia by overseas colonists.Today, no scholar would be silly enough to deny that culture, history, and individual choices play a big role in many human phenomena. Scholars dont react to cultural, historical, and individual-agent explanations by denouncing "cultural determinism," "historical determinism," or "individual determinism," and then thinking no further. But many scholars do react to any explanation invoking some geographic role, by denouncing "geographic determinism" . . .Several reasons may underlie this widespread but nonsensical view. One reason is that some geographic explanations advanced a century ago were racist, thereby causing all geographic explanations to become tainted by racist associations in the minds of many scholars other than geographers. But many genetic, historical, psychological, and anthropological explanations advanced a century ago were also racist, yet the validity of newer non-racist genetic etc. explanations is widely accepted today.Another reason for reflex rejection of geographic explanations is that historians have a tradition, in their discipline, of stressing the role of contingency (a favorite word among historians) based on individual decisions and chance. Often that view is warranted . . . But often, too, that view is unwarranted. The development of warm fur clothes among the Inuit living north of the Arctic Circle was not because one influential Inuit leader persuaded other Inuit in 1783 to adopt warm fur clothes, for no good environmental reason.A third reason is that geographic explanations usually depend on detailed technical facts of geography and other fields of scholarship . . . Most historians and economists dont acquire that detailed knowledge as part of the professional training.The examples of the Inuit and Aboriginal Australians are offered in the passage to show

Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisia). About 170 geographical indications were registered by Lisbon Agreement members as of 1997. The TRIPs Agreement defines geographical indications as indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of geographical indications from the United States include: FLORIDA for oranges; IDAHO for potatoes; VIDALIA for onions; and WASHINGTON STATE for apples. Geographical indications are valuable to producers for the same reason that trademarks are valuable. Geographical indications serve the same functions as trademarks, because like trademarks they are: source-identifiers; guarantees of quality; and valuable business interests. Although, as mentioned above geographical indications are often associated with Europe, the U.S. system for protection of geographical indications can be dated to at least the Trademark Act of 1946.Q. Choose the FALSE statement:a)TRIPs has given a definition for Geographical Indications.b)The owner of a Geographical Indication enjoys certain monopoly rights.c)Many Geographical Indication laws do not permit use of generic names as GIs.d)There was universal consensus on the Lisbon Agreement.Correct answer is option 'D'. Can you explain this answer?
Question Description
Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisia). About 170 geographical indications were registered by Lisbon Agreement members as of 1997. The TRIPs Agreement defines geographical indications as indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of geographical indications from the United States include: FLORIDA for oranges; IDAHO for potatoes; VIDALIA for onions; and WASHINGTON STATE for apples. Geographical indications are valuable to producers for the same reason that trademarks are valuable. Geographical indications serve the same functions as trademarks, because like trademarks they are: source-identifiers; guarantees of quality; and valuable business interests. Although, as mentioned above geographical indications are often associated with Europe, the U.S. system for protection of geographical indications can be dated to at least the Trademark Act of 1946.Q. Choose the FALSE statement:a)TRIPs has given a definition for Geographical Indications.b)The owner of a Geographical Indication enjoys certain monopoly rights.c)Many Geographical Indication laws do not permit use of generic names as GIs.d)There was universal consensus on the Lisbon Agreement.Correct answer is option 'D'. Can you explain this answer? for CAT 2024 is part of CAT preparation. The Question and answers have been prepared according to the CAT exam syllabus. Information about Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisia). About 170 geographical indications were registered by Lisbon Agreement members as of 1997. The TRIPs Agreement defines geographical indications as indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of geographical indications from the United States include: FLORIDA for oranges; IDAHO for potatoes; VIDALIA for onions; and WASHINGTON STATE for apples. Geographical indications are valuable to producers for the same reason that trademarks are valuable. Geographical indications serve the same functions as trademarks, because like trademarks they are: source-identifiers; guarantees of quality; and valuable business interests. Although, as mentioned above geographical indications are often associated with Europe, the U.S. system for protection of geographical indications can be dated to at least the Trademark Act of 1946.Q. Choose the FALSE statement:a)TRIPs has given a definition for Geographical Indications.b)The owner of a Geographical Indication enjoys certain monopoly rights.c)Many Geographical Indication laws do not permit use of generic names as GIs.d)There was universal consensus on the Lisbon Agreement.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisia). About 170 geographical indications were registered by Lisbon Agreement members as of 1997. The TRIPs Agreement defines geographical indications as indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of geographical indications from the United States include: FLORIDA for oranges; IDAHO for potatoes; VIDALIA for onions; and WASHINGTON STATE for apples. Geographical indications are valuable to producers for the same reason that trademarks are valuable. Geographical indications serve the same functions as trademarks, because like trademarks they are: source-identifiers; guarantees of quality; and valuable business interests. Although, as mentioned above geographical indications are often associated with Europe, the U.S. system for protection of geographical indications can be dated to at least the Trademark Act of 1946.Q. Choose the FALSE statement:a)TRIPs has given a definition for Geographical Indications.b)The owner of a Geographical Indication enjoys certain monopoly rights.c)Many Geographical Indication laws do not permit use of generic names as GIs.d)There was universal consensus on the Lisbon Agreement.Correct answer is option 'D'. Can you explain this answer?.
Solutions for Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisia). About 170 geographical indications were registered by Lisbon Agreement members as of 1997. The TRIPs Agreement defines geographical indications as indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of geographical indications from the United States include: FLORIDA for oranges; IDAHO for potatoes; VIDALIA for onions; and WASHINGTON STATE for apples. Geographical indications are valuable to producers for the same reason that trademarks are valuable. Geographical indications serve the same functions as trademarks, because like trademarks they are: source-identifiers; guarantees of quality; and valuable business interests. Although, as mentioned above geographical indications are often associated with Europe, the U.S. system for protection of geographical indications can be dated to at least the Trademark Act of 1946.Q. Choose the FALSE statement:a)TRIPs has given a definition for Geographical Indications.b)The owner of a Geographical Indication enjoys certain monopoly rights.c)Many Geographical Indication laws do not permit use of generic names as GIs.d)There was universal consensus on the Lisbon Agreement.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CAT. Download more important topics, notes, lectures and mock test series for CAT Exam by signing up for free.
Here you can find the meaning of Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisia). About 170 geographical indications were registered by Lisbon Agreement members as of 1997. The TRIPs Agreement defines geographical indications as indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of geographical indications from the United States include: FLORIDA for oranges; IDAHO for potatoes; VIDALIA for onions; and WASHINGTON STATE for apples. Geographical indications are valuable to producers for the same reason that trademarks are valuable. Geographical indications serve the same functions as trademarks, because like trademarks they are: source-identifiers; guarantees of quality; and valuable business interests. Although, as mentioned above geographical indications are often associated with Europe, the U.S. system for protection of geographical indications can be dated to at least the Trademark Act of 1946.Q. Choose the FALSE statement:a)TRIPs has given a definition for Geographical Indications.b)The owner of a Geographical Indication enjoys certain monopoly rights.c)Many Geographical Indication laws do not permit use of generic names as GIs.d)There was universal consensus on the Lisbon Agreement.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisia). About 170 geographical indications were registered by Lisbon Agreement members as of 1997. The TRIPs Agreement defines geographical indications as indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of geographical indications from the United States include: FLORIDA for oranges; IDAHO for potatoes; VIDALIA for onions; and WASHINGTON STATE for apples. Geographical indications are valuable to producers for the same reason that trademarks are valuable. Geographical indications serve the same functions as trademarks, because like trademarks they are: source-identifiers; guarantees of quality; and valuable business interests. Although, as mentioned above geographical indications are often associated with Europe, the U.S. system for protection of geographical indications can be dated to at least the Trademark Act of 1946.Q. Choose the FALSE statement:a)TRIPs has given a definition for Geographical Indications.b)The owner of a Geographical Indication enjoys certain monopoly rights.c)Many Geographical Indication laws do not permit use of generic names as GIs.d)There was universal consensus on the Lisbon Agreement.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisia). About 170 geographical indications were registered by Lisbon Agreement members as of 1997. The TRIPs Agreement defines geographical indications as indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of geographical indications from the United States include: FLORIDA for oranges; IDAHO for potatoes; VIDALIA for onions; and WASHINGTON STATE for apples. Geographical indications are valuable to producers for the same reason that trademarks are valuable. Geographical indications serve the same functions as trademarks, because like trademarks they are: source-identifiers; guarantees of quality; and valuable business interests. Although, as mentioned above geographical indications are often associated with Europe, the U.S. system for protection of geographical indications can be dated to at least the Trademark Act of 1946.Q. Choose the FALSE statement:a)TRIPs has given a definition for Geographical Indications.b)The owner of a Geographical Indication enjoys certain monopoly rights.c)Many Geographical Indication laws do not permit use of generic names as GIs.d)There was universal consensus on the Lisbon Agreement.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisia). About 170 geographical indications were registered by Lisbon Agreement members as of 1997. The TRIPs Agreement defines geographical indications as indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of geographical indications from the United States include: FLORIDA for oranges; IDAHO for potatoes; VIDALIA for onions; and WASHINGTON STATE for apples. Geographical indications are valuable to producers for the same reason that trademarks are valuable. Geographical indications serve the same functions as trademarks, because like trademarks they are: source-identifiers; guarantees of quality; and valuable business interests. Although, as mentioned above geographical indications are often associated with Europe, the U.S. system for protection of geographical indications can be dated to at least the Trademark Act of 1946.Q. Choose the FALSE statement:a)TRIPs has given a definition for Geographical Indications.b)The owner of a Geographical Indication enjoys certain monopoly rights.c)Many Geographical Indication laws do not permit use of generic names as GIs.d)There was universal consensus on the Lisbon Agreement.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Governments have been protecting trade names and trademarks used in relation to food products identified with a particular region since at least the end of the nineteenth century, using laws against false trade descriptions or passing off, which generally protect against suggestions that a product has a certain origin, quality or association when it does not. In such cases the consumer protection benefit is generally considered to outweigh the limitation on competitive freedoms represented by the grant of a monopoly of use over a geographical indication. In many countries the protection afforded to geographical indications by law is similar to the protection afforded to trademarks, and in particular, certification marks. Geographical indications law restricts the use of the Gl for the purpose of identifying a particular type of product, unless the product or its constitute materials originate from aparticular area and/or meet certain standards. Sometimes these laws also stipulate that the product must meet certain quality tests that are administered by an association that owns the exclusive right to the use of the indication.Although a Gl is not strictly a type of trademark as it does not serve to exclusively identify a specific commercial enterprise, there are usually prohibitions against registration of a trademark which constitutes a geographical indication. In countries that do not specifically recognize GIs, regional trade associations may implement them in terms of certification marks. Geographical indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions. Under European Union Law, the protected designation of origin system which came into effect in 1992 regulates the following geographical indications: Protected designation of origin (PDO) and protected geographical indication (PGI) and Traditional Specialty Guaranteed (TSG).The system used in France from the early part of the twentieth century is known as the appellation dorigine controlee (AOC). Items that meet geographical origin and quality standards may be endorsed with a government-issued stamp which acts as official certification of the origins andstandards of the product to the consumer. Examples of products that have such appellations of origin include Tequila (spirits), Jaffa (oranges) and Bordeaux (wines).The consumer-benefit purpose of the monopoly rights granted to the owner of a Gl also applies to the trademark monopoly right. Geographical indicationshave other similarities with trademarks. For example, they must be registered in order to qualify for protection, and they must meet certain conditions in order to qualify for registration. One of the most important conditions that most governments have required before registering a name as a Gl is that the name must not already be in widespread use as the generic name for a similar product. Of course, what is considered a very specific term for a well- known local specialty in one country may constitute a generic term or genericized trademark for that type of product. For example, Parmigiano cheese in Italy is generically known as Parmesan cheese in Australia and the United States. Like trademarks, geographical indications are regulated locally by each country because conditions of registration such as differences in the generic use of terms vary from country to country. This is especially true of food and beverage names which frequently use geographical terms, but it may also be true of other products such as carpets (e.g. Shiraz), handicrafts, flowers and perfumes. International trade made it important to try to harmonize the different approaches and standards that governments used to register GIs. The first attempts to do so were found in the Paris Convention on trademarks (1883), followed by a much more elaborate provision in the 1958 Lisbon Agreement on the Protection of Appellations of Origin and their Registration. Few countries joined the Lisbon agreement, however: by 1997 there were only 17 members (Algeria, Bulgaria, Burkina Faso, Congo, Cuba, Czech Republic, France, Gabon, Haiti, Hungary, Israel, Italy, Mexico,Portugal, Slovakia, Togo, Tunisia). About 170 geographical indications were registered by Lisbon Agreement members as of 1997. The TRIPs Agreement defines geographical indications as indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. Examples of geographical indications from the United States include: FLORIDA for oranges; IDAHO for potatoes; VIDALIA for onions; and WASHINGTON STATE for apples. Geographical indications are valuable to producers for the same reason that trademarks are valuable. Geographical indications serve the same functions as trademarks, because like trademarks they are: source-identifiers; guarantees of quality; and valuable business interests. Although, as mentioned above geographical indications are often associated with Europe, the U.S. system for protection of geographical indications can be dated to at least the Trademark Act of 1946.Q. Choose the FALSE statement:a)TRIPs has given a definition for Geographical Indications.b)The owner of a Geographical Indication enjoys certain monopoly rights.c)Many Geographical Indication laws do not permit use of generic names as GIs.d)There was universal consensus on the Lisbon Agreement.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CAT tests.
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