SectionsParticulars
Preamble
Chapter IPreliminary
1Short title, extent and commencement
Chapter I: Preliminary 1.     This Act may be called the Geographical Indications of Goods (Registration and Protection) Act, 1999.2.     It extends to th...
2Definitions and interpretation
2. Definitions and interpretation.- 1.     In this Act, unless the context otherwise requires,-a.     "Appellate Board" means the Appellate Board establishe...
Chapter IIThe Register and Conditions for Registration the Register and Conditions for Registration
3Registrar of Geographical Indications
Chapter II: The Register and Conditions for Registration the Register and Conditions for Registration3. Registrar of Geographical Indications.- 1.     The ...
4Power of Registrar to Withdraw or Transfer cases etc.
4. Power of Registrar to Withdraw or Transfer cases etc.- Without prejudice to the generality of the provisions of sub-section (2) of Section 2, the Registrar...
5Geographical indications Registry and officer thereof
5. Geographical indications Registry and officer thereof.- 1.     For the purpose of this Act, there shall be established a Registry which shall be known as...
6Register of Geographical Indications
6. Register of Geographical Indications.- 1.     For the purpose of this Act, a record called the Register of geographical indications shall be kept at the ...
7Part A and Part B of the Register
7. Part A and Part B of the Register.- 1.     The register referred to in Section 6 shall be divided into two Parts called respectively Part A and B.2.     ...
8Registration to be in respect of particular goods and area
1.     A geographical indication may be registered in respect of any or all of the goods, comprised in such class of goods as may be classified by a region ...
9Prohibition of registration of certain geographical indications
9. Prohibition of registration of certain geographical indications.- A geographical indication-a.     the use of which would be likely to deceive or cause c...
10Registration of homonymous geographical indications
Subject to the provisions of section 7, a homonymous geographical indication may be registered under this Act, if the Registrar is satisfied, after consideri...
Chapter IIIProcedure for and Duration of Registration
11Application for registration
Chapter III: Procedure for and Duration of Registration 11. Application for registration.- 1.     Any association of persons or producers or any organisatio...
12Withdrawal of acceptance
12. Withdrawal of acceptance.- Where, after the acceptance of an application for registration of a geographical indication but before its registration, the R...
13Advertisement of application
13. Advertisement of application.- 1.     When an application for registration of a geographical indication has been accepted, whether absolutely or subject...
14Opposition to registration
14. Opposition to registration.- 1.     Any person may, within three months from the date of advertisement or re-advertisement of an application for registr...
15Correction and amendment
15. Correction and amendment.- The Registrar may, on such terms, as he thinks just, at any time, whether before or after acceptance of an application for reg...
16Registration
16. Registration.- 1.     Subject to the provisions of section 12, when an application for registration of a geographical indication has been accepted and ei...
17Application for registration as authorized user
17. Application for registration as authorized user.- 1.     Any person claiming to be the producer of the goods in respect of which a geographical indicati...
18Duration, renewal, removal and restoration of registration
1.     The registration of a geographical indication shall be for a period of ten years, but may be renewed from time to time in accordance with the provisi...
19Effect of removal from register for failure to pay fee for renewal
19. Effect of removal from register for failure to pay fee for renewal.- Where a geographical indication has been removed from the register for failure to pay...
Chapter IVEffect of Registration
20No action for infringement of unregistered geographical indication
Chapter IV: Effect of Registration20. No action for infringement of unregistered geographical indication.- 1.     No person shall be entitled to institute a...
21Rights conferred by registration
21. Rights conferred by registration.- 1.     Subject to the other provisions of this Act, the registration of a geographical indication shall, if valid, gi...
22Infringement or registered geographical indications
22. Infringement or registered geographical indications.- 1.     A registered geographical indication is infringed by a person who, not being an authorised ...
23Registration to be prima facie evidence of validity
23. Registration to be prima facie evidence of validity.- 1.     In all legal proceedings relating to a geographical indication, the certificate of registra...
24Prohibition of assignment or transmission, etc.
24. Prohibition of assignment or transmission, etc.- Notwithstanding anything contained in any law for the time being in force, any right to a registered geo...
Chapter VSpecial Provisions Relating To Trade Marks and Prior Users
25Prohibition of Registration of Geographical Indication as Trade Mark
Chapter V: Special Provisions Relating To Trade Marks and Prior Users25. Prohibition of Registration of Geographical Indication as Trade Mark.- Notwithstandin...
26Protection to certain trademarks
1.     Where a trade mark contains or consists of a geographical indication and has been applied for or registered in good faith under the law relating to t...
Chapter VIRectification and Correction of the Register
27Power to cancel or vary registration and to rectify the register
Chapter VI: Rectification and Correction of the Register 1.     On application made in the prescribed manner to the Appellate Board or to the Registrar by a...
28Correction of register
The Registrar may, on application made in the prescribed manner by the registered proprietor or the authorised user,-a.     correct any error in the name, ...
29Alteration of registered geographical indications
1.     The registered proprietor of a geographical indication may apply in the prescribed manner to the Registrar for leave to add to or alter the geographi...
30Adaptation of entries in register to amend or substitute classification of goods
30. Adaptation of entries in register to amend or substitute classification of goods.- 1.     The Registrar shall not make any amendment of the register whic...
Chapter VIIAppeals to the Appellate Board
31Appeals to the Appellate Board
Chapter VII: Appeals to the Appellate Board31. Appeals to the Appellate Board.- 1.     Any person aggrieved by an order or decision of the Registrar under t...
32Bar of jurisdiction of courts, etc.
32. Bar of jurisdiction of courts, etc.- No court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relatio...
33Procedure of the Appellate Board
33. Procedure of the Appellate Board.- The provisions of sub-sections (2), (3), (4), (5), (6) of section 84, section 87, section 92, section 95 and section 9...
34Procedure for application for rectification, etc., before Appellate Board
1.     An application for rectification of the register made to the Appellate Board under section 27 shall be in such form as may be prescribed.2.     A c...
35Appearance of Registrar in legal proceedings
35. Appearance of Registrar in legal proceedings.- 1.     The Registrar shall have the right to appear and be heard-a.     in any legal proceedings before t...
36Costs of Registrar in proceedings before Appellate Board
36. Costs of Registrar in proceedings before Appellate Board.- In all proceedings under this Act before the Appellate Board the costs of the Registrar shall b...
Chapter VIIIOffences, Penalties and Procedure
37Meaning of applying geographical indications
Chapter VIII: Offences, Penalties and Procedure 1.     A person shall be deemed to apply a geographical indication to goods who-a.     applies it to the goo...
38Falsifying and falsely applying geographical indications
1.     A person shall be deemed to falsify a geographical indication who, either,-a.     without the assent of the authorised user of the geographical indic...
39Penalty for applying false geographical indications
Any person who,-a.     falsifies any geographical indication; orb.    falsely applies to goods any geographical indication; orc.     makes, disposes of, ...
40Penalty for selling goods to which false geographical indication is applied
40. Penalty for selling goods to which false geographical indication is applied.- Any person who sells, lets for hire or exposes for sale, or hires or has in ...
41Enhanced penalty on second or subsequent conviction
41. Enhanced penalty on second or subsequent conviction.- Whoever having already been convicted of an offence under section 39 or section 40 is again convict...
42Penalty for falsely representing a geographical indication as registered
1.     No person shall make any representation.-a.     with respect to a geographical indication, not being a registered geographical indication, to the ef...
43Penalty for improperly describing a place of business as connected with the Geographical Indications Registry
43. Penalty for improperly describing a place of business as connected with the Geographical Indications Registry.- If any person uses on his place of busine...
44Penalty for falsification of entries in the register
If any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produc...
45No offence in certain cases
The provisions of sections 39, 40 and 41 shall in relation to a registered geographical indication or authorised user of such geographical indication, be sub...
46Forfeiture of goods
1.     Where a person is convicted of an offence under section 39 or section 40 or section 41 or is acquitted of an offence under section 39 or section 40 o...
47Exemption of certain persons employed in ordinary course of business
47. Exemption of certain persons employed in ordinary course of business.- Where a person accused of an offence under section 39 proves,-a.     that in the ...
48Procedure where invalidity of registration is pleaded by the accused
48. Procedure where invalidity of registration is pleaded by the accused.- 1.     Where the offence charged under section 39 or section 40 or section 41 is i...
49Offences by companies
1.     If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company fo...
50Cognizance of certain offences and the powers of police officer for search and seizure
50. Cognizance of certain offences and the powers of police officer for search and seizure.- 1.     No court shall take cognizance of an offence under sectio...
51Costs of defence of prosecution
51. Costs of defence of prosecution.- In any prosecution under this Act, the court may order such costs to be paid by the accused to the complainant, or by t...
52Limitation of prosecution
52. Limitation of prosecution.- No prosecution for an offence under this Act shall be commenced after the expiration of three years next after the commission...
53Information as to commission of offence
53. Information as to commission of offence.- An officer of the Government whose duty it is to take part in the enforcement of the provisions of this Chapter...
54Punishment for abetment in India of acts done out of India
If any person, being within India, abets the commission, without India, of any act which, if committed in India, would, under this Act, be an offence, he may...
Chapter IXMiscellaneous
55Protection of action taken in good faith
Chapter IX: Miscellaneous55. Protection of action taken in good faith.- No suit or other legal proceedings shall lie against any person in respect of anythin...
56Certain persons to be public servants
56. Certain persons to be public servants.- Every person appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of ...
57Stay of proceedings where the validity of registration of the geographical indication is questioned, etc.
57. Stay of proceedings where the validity of registration of the geographical indication is questioned, etc.- 1.     Where in any suit for infringement of ...
58Application for rectification of register to be made to Appellate Board in certain cases
1.     Where in a suit for infringement of a registered geographical indication the validity of the registration of the geographical indication relating to ...
59Implied warranty on sale of indicated goods
Where a geographical indication has been applied to the goods on sale or in the contract for sale of any goods, the seller shall be deemed to warrant that th...
60Powers of Registrar
60. Powers of Registrar.- In all proceedings under this Act before the Registrar,-a.     the Registrar shall have all the powers of a civil court for the pu...
61Exercise of discretionary power by Registrar
Subject to the provisions of section 64, the Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made there ...
62Evidence before Registrar
62. Evidence before Registrar.- In any proceeding under this Act before the Registrar, evidence shall be given by affidavit:Provided that the Registrar may,...
63Death of party to a proceeding
63. Death of party to a proceeding.- If a person who is a party to a proceeding under this Act (not being a proceeding before the Appellate Board or a court)...
64Extension of time
1.     If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient ca...
65Abandonment
65. Abandonment.- Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act, the Registrar ...
66Suit for infringement, etc., to be instituted before district court
66. Suit for infringement, etc., to be instituted before district court.- 1.     No suit,-a.     for the infringement of a registered geographical indicatio...
67Relief in suit for infringement or for passing off
67. Relief in suit for infringement or for passing off.- 1.     The relief which a court may grant in any suit for infringement or for passing off referred ...
68Authorised user to be impleaded in certain proceedings
68. Authorised user to be impleaded in certain proceedings.- 1.     In every proceeding under Chapter VI or under section 31, every authorised user of a geo...
69Evidence of entries in register, etc., and things done by the Registrar
1.     A copy of any entry in the register or of any document referred to in sub-section (1) of section 78 purporting to be certified by the Registrar and s...
70Registrar and other officers not compellable to produce register, etc.
70. Registrar and other officers not compellable to produce register, etc.- The Registrar or any officer of the Geographical Indications Registry shall not, i...
71Power to require goods to show indication of origin
1.     The Central Government may, by notification in the Official Gazette, require that goods of any class specified in the notification which are made or ...
72Certificate of validity
72. Certificate of validity.- If in any legal proceedings for rectification of the register before the Appellate Board a decision is on contest given in favo...
73Groundless threats of legal proceedings
1.     Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a geographica...
74Address for service
74. Address for service.- An address for service stated in an application or notice of opposition shall, for the purposes of the application or notice of opp...
75Trade usages, etc., to be taken into consideration
75. Trade usages, etc., to be taken into consideration.- In any proceeding relating to a geographical indication, the tribunal shall admit evidence of the us...
76Agents
76. Agents.- Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act m...
77Indexes
77. Indexes.- There shall be kept under the directions and supervision of the Registrar,-a.     an index of registered geographical indications,b.    an in...
78Documents open to public inspection
1.     The following documents, subject to such conditions as may be prescribed, be open to public inspection at the Geographical Indications Registry, name...
79Reports of Registrar to be placed before Parliament
79. Reports of Registrar to be placed before Parliament.- The Central Government shall cause to be placed before both Houses of Parliament once a year a repo...
80Fees and surcharge
80. Fees and surcharge.- 1.     There shall be paid in respect of applications and registrations and other matters under this Act such fees and surcharge as...
81Savings in respects of certain matters in Chapter VIII
Nothing in Chapter VIII shall-a.     exempt any person from any suit or other proceeding which might, but for anything in that Chapter, be brought against ...
82Declarations as to title of geographical indication not registerable under the Registration Act, 1908
82. Declarations as to title of geographical indication not registerable under the Registration Act, 1908.- Notwithstanding anything contained in the Registr...
83Government to be bound
83. Government to be bound.-The provisions of this Act shall be binding on the Government....
84Special provisions relating to applications for registration from citizens of convention countries
84. Special provisions relating to applications for registration from citizens of convention countries.-1.     With a view to the fulfillment of a treaty, c...
85Provision as to reciprocity
85. Provision as to reciprocity.- Where any country or a country which is a member of a group of countries or union of countries or any Inter-Governmental Or...
86Powers of Central Government to remove difficulties
1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make...
87Power to make rules
1.     The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules to carry out the...
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