Under the Patents Act 1970 read with the Geographical Indications of Goods (Registration and Protection) Act 1999, a GEOGRAPHICAL INDICATION:
Answer & Solution
Correct answer: A.
1. Section 24 GI Act 1999: 'Notwithstanding anything contained in any law for the time being in force, any right to a registered geographical indication SHALL NOT BE THE SUBJECT MATTER of assignment, transmission, licensing, pledge, mortgage or any such other agreement.'
2. Provided that on the death of an authorised user, his right in a registered geographical indication shall devolve on his successor in title under the law for the time being in force.
3. The non-transferability of GIs reflects their nature as collective community-based intellectual property tied to a specific geography (e.g. Darjeeling Tea, Mysore Sandalwood Oil, Channapatna Toys).
4. The GI Act implements TRIPS Articles 22-24.
5. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Geographical Indications of Goods (Registration and Protection) Act 1999, Section 24_
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