UPSC Prelims 2010 · General Studies
Question 17: Economy and Social Development
In order to comply with TRIPS Agreement, India enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999. The difference/differences between a “Trade Mark” and a Geographical Indication is/are
- 1.A Trade Mark is an individual or a company’s right whereas a Geographical Indication is a community’s right.
- 2.A Trade Mark can be licensed whereas a Geographical Indication cannot be licensed.
- 3.A Trade Mark is assigned to the manufactured goods whereas the Geographical Indication is assigned to the agricultural goods/products and handicrafts only.
Which of the statements given above is/are correct ?
AnswerThe answer is (b).
A trade mark is a private right of a person or firm, can be assigned and licensed, and distinguishes goods or services. A geographical indication (GI) shows that a product's quality or reputation comes from its place of origin; the right belongs collectively to the producers of the region and, under the 1999 Act, cannot be assigned, transmitted or licensed. Statement 3 is wrong because GIs cover agricultural, natural and manufactured goods, not agricultural goods and handicrafts only. Remember: trade mark = private, licensable; GI = collective, not licensable.
- 1. A trade mark belongs to an individual or firm; a GI is a collective right of the producers of a region.
- 2. A trade mark can be licensed; a registered GI cannot be assigned or licensed.
- 3. GIs cover agricultural, natural and manufactured goods, not agricultural goods and handicrafts alone.
How you could have got this
- If you were sure statement 3 is not correct, (c) and (d) go: each of them includes 3.
What you needed to know: GIs cover agricultural, natural and manufactured goods, not agricultural goods and handicrafts alone.
The red flag in statement 3 is “only”. In UPSC’s papers, statements with “only” were true 27% of the time (82 statements). A hint, not a rule.
- Then, if you were sure statement 2 is correct, (a) goes: it leaves 2 out.
What you needed to know: A trade mark can be licensed; a registered GI cannot be assigned or licensed.
Only (b) is left. You didn’t need statement 1.
This follows an unofficial answer: UPSC has not published its key for this year, and if that answer is wrong, so is this path.
Which options go is worked out from UPSC’s key and the options, not by a model.
Why each option is right or wrong
- (a) Statement 2 is also correct, so this leaves it out.
- (b) Right: statements 1 and 2 are correct; statement 3 is wrong.
- (c) Statement 1 is correct, and statement 3 is not.
- (d) Statement 3 is wrong, because GIs cover manufactured goods too.
Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2010, General Studies, Series A. The paper on upsc.gov.in.