Section 9 of GIG Act, 1999 : Section 9: Prohibition Of Registration Of Certain Geographical Indications
GIG Act, 1999
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Explanation using Example
Consider a scenario where a company in India attempts to register the term "Champagne" for a brand of sparkling wine produced in Nashik. Since "Champagne" is a geographical indication that specifically refers to sparkling wine from the Champagne region of France, the use of this term for wine from another region could deceive consumers and is contrary to international agreements on geographical indications. According to Section 9 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, this attempt to register "Champagne" would be rejected because it falls under the criteria of likely causing deception or confusion (clause 1) and being a generic name in its country of origin that is no longer protected (clause 6).