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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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