| SECTIONS |
Geographical
Indications of Goods (Registration and Protection) Act,
1999
|
| |
|
| |
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 |
| |
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 trade marks |
| |
|
| |
CHAPTER VI: RECTIFICATION AND CORRECTION OF
THE REGISATER |
| 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 |
