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Geographical Indications of Goods (Registration and Protection) Act, 1999

Contents

 

Sections

Particulars

 

Preamble

Chapter I

Preliminary

1

Short title, extent and commencement

2

Definitions and interpretation

Chapter II

The Register and Conditions for Registration the Register and Conditions for Registration

3

Registrar of Geographical Indications

4

Power of Registrar to Withdraw or Transfer cases etc.

5

Geographical indications Registry and officer thereof

6

Register of Geographical Indications

7

Part A and Part B of the Register

8

Registration to be in respect of particular goods and area

9

Prohibition of registration of certain geographical indications

10

Registration of homonymous geographical indications

Chapter III

Procedure for and Duration of Registration

11

Application for registration

12

Withdrawal of acceptance

13

Advertisement of application

14

Opposition to registration

15

Correction and amendment

16

Registration

17

Application for registration as authorized user

18

Duration, renewal, removal and restoration of registration

19

Effect of removal from register for failure to pay fee for renewal

Chapter IV

Effect of Registration

20

No action for infringement of unregistered geographical indication

21

Rights conferred by registration

22

Infringement or registered geographical indications

23

Registration to be prima facie evidence of validity

24

Prohibition of assignment or transmission, etc.

Chapter V

Special Provisions Relating To Trade Marks and Prior Users

25

Prohibition of Registration of Geographical Indication as Trade Mark

26

Protection to certain trademarks

Chapter VI

Rectification and Correction of the Register

27

Power to cancel or vary registration and to rectify the register

28

Correction of register

29

Alteration of registered geographical indications

30

Adaptation of entries in register to amend or substitute classification of goods

Chapter VII

Appeals to the Appellate Board

31

Appeals to the Appellate Board

32

Bar of jurisdiction of courts, etc.

33

Procedure of the Appellate Board

34

Procedure for application for rectification, etc., before Appellate Board

35

Appearance of Registrar in legal proceedings

36

Costs of Registrar in proceedings before Appellate Board

Chapter VIII

Offences, Penalties and Procedure

37

Meaning of applying geographical indications

38

Falsifying and falsely applying geographical indications

39

Penalty for applying false geographical indications

40

Penalty for selling goods to which false geographical indication is applied

41

Enhanced penalty on second or subsequent conviction

42

Penalty for falsely representing a geographical indication as registered

43

Penalty for improperly describing a place of business as connected with the Geographical Indications Registry

44

Penalty for falsification of entries in the register

45

No offence in certain cases

46

Forfeiture of goods

47

Exemption of certain persons employed in ordinary course of business

48

Procedure where invalidity of registration is pleaded by the accused

49

Offences by companies

50

Cognizance of certain offences and the powers of police officer for search and seizure

51

Costs of defence of prosecution

52

Limitation of prosecution

53

Information as to commission of offence

54

Punishment for abetment in India of acts done out of India

Chapter IX

Miscellaneous

55

Protection of action taken in good faith

56

Certain persons to be public servants

57

Stay of proceedings where the validity of registration of the geographical indication is questioned, etc.

58

Application for rectification of register to be made to Appellate Board in certain cases

59

Implied warranty on sale of indicated goods

60

Powers of Registrar

61

Exercise of discretionary power by Registrar

62

Evidence before Registrar

63

Death of party to a proceeding

64

Extension of time

65

Abandonment

66

Suit for infringement, etc., to be instituted before district court

67

Relief in suit for infringement or for passing off

68

Authorised user to be impleaded in certain proceedings

69

Evidence of entries in register, etc., and things done by the Registrar

70

Registrar and other officers not compellable to produce register, etc.

71

Power to require goods to show indication of origin

72

Certificate of validity

73

Groundless threats of legal proceedings

74

Address for service

75

Trade usages, etc., to be taken into consideration

76

Agents

77

Indexes

78

Documents open to public inspection

79

Reports of Registrar to be placed before Parliament

80

Fees and surcharge

81

Savings in respects of certain matters in Chapter VIII

82

Declarations as to title of geographical indication not registerable under the Registration Act, 1908

83

Government to be bound

84

Special provisions relating to applications for registration from citizens of convention countries

85

Provision as to reciprocity

86

Powers of Central Government to remove difficulties

87

Power to make rules



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