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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 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
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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.
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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.