Geographical Indication - Law Dictionary Search Results
Home Dictionary Name: geographical indicationGeographical indication
Geographical indication, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. [Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), s. 2 (1) (e)]...
Indication
Indication, 'indication' includes any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of goods to which it applies. [Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), s. 2(1) (g)]Indication, includes any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of goods to which it applies. [Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), s. 2(1)(g)]...
Deceptively similar
Deceptively similar, a geographical indication shall be deemed to be deceptively similar to another geographical indication if it so nearly resembles that other geographical indication as to be likely to deceive or cause confusion. [Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), s. 2 (1) (c)]A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (h)]In order to come to the conclusion whether one mark is deceptively similar to another, the broad and essential features of the two are to be considered. They should not be placed side by side to find out if there are any differences in the design and if so, whether they are of such character as to prevent one design from being mistaken for the other. It would be enough if the impugned mark bears such an overall similarity to the registered mark as would be l...
Registered proprietor
Registered proprietor, in relation to a geographical indication, means any association of persons or of producer or any organisation for the time beingentered in the register as proprietor of the geographical indication. [Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), s. 2(n)]In relation to a layout-design, means the person for the time being entered in the register as proprietor of the layout-design. [Semiconductor Integrated Circuits Layout-Design Act, 2000, s. 2 (o)]In relation to a trademark, means the person for the time being entered in the register as proprietor of the trademark. [Trade Marks Act, 1999, s. 2 (1) (v)]Means a trade mark which is actually on the register and remaining in force. [Trade Marks Act, 1999, s. 2(1)(w)]...
Producer
Producer, in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work. [Copyright Act, 1957 (14 of 1957), s. 2 (uu)]In relation to a feature film, means the person by whom the arrangements necessary for the making of such film (including the raising of finances and engaging cine-workers for the making of such film) are undertaken. [Cine-workers and Cinema Theatre Workers (Regulations of employment) Act, 1981 (5 of 1981), s. 2(h)]In relation to goods, means any person who,--(i) if such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods;(ii) if such goods are natural goods, exploits the goods;(iii) if such goods are handicraft or industrial goods, makes or manufacture the goods, and includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods. [Geographical Indications of Goods (Registr...
Guardian
Guardian, means a person having the care of the person of a minor or his property or of both his person and property, and includes:(i) a natural guardian,(ii) a guardian appointed by the will of the minor's father or mother,(iii) a guardian appointed or declared by court, and(iv) a person empowered to act as such by or under any enactment relating to any court of wards;Explanation.--For the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specifies geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be. [Hindu Minority and Guardianship Act, 1956 (32 of 1956), s. 4(b)]A guardian is one appointed by the wisdom and policy of the law to take care of a person and his affairs, who by reason of his imbecility and want of understanding is incapable of acting for his own interest (2...
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
Name
Name [fr. nomen, Lat.; nom, Fr.; or namo, Goth.; nama, Sax.; naem, Dut.], the discriminative appellation of an individual.Proper names are either Christian names, as being given at baptism, or surnames, from the father, 4 Rep. 170.A Christian name may be altered at confirmation with consent of the bishop, and the bishop is directed by a Constitution of 1281 to change 'wanton names' at confirmation. See Blunt's Church Law, 2nd ed. at p. 60, where two post-Reformation instances are given of a bishop changing Christian name at confirmation, and it is said to be 'believed that cases still occur where this is done.'Marriage confers a name upon a woman, which is not lost by her divorce, and she can acquire another only by obtaining it by repute obliterating her name by marriage, see Fendall v. Goldsmid, (1877) 2 PD 263. As to retainer of a title, see Cowley v. Cowley, 1901 AC 450.Any one may take on himself whatever surname or as many surnames as he pleases, without an (English) Act of Parli...
Package
Package, include a wrapper, box, carton, tin or other container. [Cigarette and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, s. 2(i)]Includes a box, carton, tin or other container. [Indecent Representation of Women (Prohibition) Act, 1986 (60 of 1986), s. 2(e)]Includes any case, box container covering folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork. [Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), s. 2(1)(i)]Includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(q)]Means a box, bottle, casket, tin, barrel, case, receptacle, sack, bag, wrapper or other thing in which an insecticide is placed or packed. [Insecticides Act, 1968...
geographic market
geographic market : the geographic area in which there is effective competition in the sale of products or services used in antitrust matters ...
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