Tiêu đề GI PROF LISA.pdf ✅

NLUD 9TH MAY 2025 BRAND PROTECTION - CLASS 3 COMMON NAMES AND GENERIC TERMS – INDIAN GI AND TM SCHEME Prof. (Dr) Lisa P. Lukose Chairperson, IPU-IPR Cell University School of Law and Legal Studies (USLLS) GGS Indraprastha University (GGSIPU) Delhi

GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 SECTION 9 (G) • Explanation 1 : For the purposes of this section, "generic names or indications", in relation to goods, means the name of a goods which, although relates to the place or the region where the goods was originally produced or manufactured, has lost its original meaning and has become the common name of such goods and serves as a designation for or indication of the kind, nature, type or other property or characteristic of the goods. • Explanation 2 : In determining whether the name has become generic, account shall be taken of all factors including the existing situation in the region or place in which the name originates and the area of consumption of the goods.
GI MANUAL - THE PRACTICAL GUIDE • 05.01.06 – “In other words the name has ceased to be distinctive of a particular source and become common to the trade” • This provision corresponds to Article 24(9) of the TRIPS Agreement, which declares “there shall be no obligation under this agreement to protect GIs which are not or cease to be protected in their country of origin, or which have fallen in to disuse in that country”. • It need not be mentioned that the value of a GI diminishes if the product has no longer the exclusive meaning and its origin loses relevance. The GI no longer indicates to the market place the source of the product and instead it is considered the common general name of the product.