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      Question

      The GI Act introduces a unique concept of "Authorised

      User" distinct from the "Registered Proprietor." Which of the following correctly explains this distinction and the key rule on assignability of a GI?
      A The Registered Proprietor is an individual farmer; the Authorised User is a government body; GIs can be freely assigned like trademarks Correct Answer Incorrect Answer
      B The Registered Proprietor is typically a producers' association, statutory body, or government body representing the producers; Authorised Users are actual producers of the goods who apply separately for registration; critically, a GI cannot be assigned, transmitted, or licensed as it represents public property of the community Correct Answer Incorrect Answer
      C The Authorised User alone can sue for infringement; the Registered Proprietor has no right to bring infringement proceedings Correct Answer Incorrect Answer
      D The Registered Proprietor has exclusive rights over the GI for commercial purposes; Authorised Users can only use the GI for non-commercial purposes Correct Answer Incorrect Answer

      Solution

      Under the GI Act, 1999, the Registered Proprietor (under Section 11) is any association of persons, producers, or any organisation representing the interest of producers such as a cooperative, statutory body, or government authority who files for GI registration on behalf of the producing community. The Authorised User (under Section 17) is a separate category an actual producer of the goods who applies specifically to be registered as an authorised user of the GI, and only an Authorised User has the exclusive right to use the GI in relation to those goods. The most conceptually critical feature distinguishing GIs from trademarks is that a GI cannot be assigned, licensed, transmitted, or mortgaged because it belongs collectively to the entire community of producers it is treated as public property rooted in geography, not individual commercial property. Further, under Section 25, a GI cannot be registered as a trademark, preventing any single commercial entity from privatising a geographical indication.

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