Bare Acts

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

An Act to provide for the registration and better protection of geographical indications relating to goods.

माल का भौगोलिक उपदर्शन (रजिस्‍ट्रीकरणऔर संरक्षण) अधिनियम, 1999

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Act Details

Act Number:

Act Year:

1999

Location:

Enactment Date:

12/30/1999

Enforcement Date:

15-09-2003

Ministry:

Ministry of Commerce and Industry

Department:

Department of Promotion of Industry and Internal Trade

Full List of Sections

PRELIMINARY

Section 1 to Section 2

Section 1

Short title, extent and commencement.

Section 2

Definitions and interpretation.

THE REGISTER AND CONDITIONS FOR REGISTRATION

Section 3 to Section 10

Section 3

Registrar of Geographical Indications.

Section 4

Power of Registrar to withdraw or transfer cases, etc.

Section 5

Geographical Indications Registry and offices thereof.

Section 6

Section 7

Part A and Part B of the register.

Section 8

Registration to be in respect of particular goods and area.

Section 9

Prohibition of registration of certain geographical indications.

Section 10

Registration of homonymous geographical indications.

PROCEDURE FOR AND DURATION OF REGISTRATION

Section 11 to Section 19

Section 11

Application for registration.

Section 12

Withdrawal of acceptance.

Section 13

Advertisement of application.

Section 14

Opposition to registration.

Section 15

Correction and amendment.

Section 16

Registration.

Section 17

Application for registration as authorised user.

Section 18

Duration, renewal, removal and restoration of registration.

Section 19

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

EFFECT OF REGISTRATION

Section 20 to Section 24

Section 20

No action for infringement of unregistered geographical indication.

Section 21

Rights conferred by registration.

Section 22

Infringement or registered geographical indications.

Section 23

Registration to be prima facie evidence of validity.

Section 24

Prohibition of assignment or transmission, etc.

SPECIAL, PROVISIONS RELATING TO TRADE MARK AND PRIOR USERS

Section 25 to Section 26

Section 25

Prohibition of registration of geographical indication as trade mark.

Section 26

Protection to certain trade marks.

RECTIFICATION AND CORRECTION OF THE REGISTER

Section 27 to Section 30

Section 27

Power to cancel or vary registration and to rectify the register.

Section 28

Correction of register.

Section 29

Alteration of registered geographical indications.

Section 30

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

APPEALS

Section 31 to Section 36

Section 31

Appeals to the High Court.

Section 32

Bar of jurisdiction of courts, etc.

Section 33

Procedure of the Appellate Board.

Section 34

Procedure for application for rectification, etc., before High Court.

Section 35

Appearance of Registrar in legal proceedings.

Section 36

Costs of Registrar in proceedings before Appellate Board.

OFFENCES, PENALTIES AND PROCEDURE

Section 37 to Section 54

Section 37

Meaning of applying geographical indications.

Section 38

Falsifying and falsely applying geographical indications.

Section 39

Penalty for applying false geographical indications.

Section 40

Penalty for selling goods to which false geographical indication is applied.

Section 41

Enhanced penalty on second or subsequent conviction.

Section 42

Penalty for falsely representing a geographical indication as registered.

Section 43

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

Section 44

Penalty for falsification of entries in the register.

Section 45

No offence in certain cases.

Section 46

Forfeiture of goods.

Section 47

Exemption of certain persons employed in ordinary course of business.

Section 48

Procedure where invalidity of registration is pleaded by the accused.

Section 49

Offences by companies.

Section 50

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

Section 51

Costs of defence of prosecution.

Section 52

Limitation of prosecution.

Section 53

Information as to commission of offence.

Section 54

Punishment for abetement in India of acts done out of India.

MISCELLANEOUS

Section 55 to Section 87

Section 55

Protection of action taken in good faith.

Section 56

Certain persons to be public servants.

Section 57

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

Section 58

Application for rectification of register to be made to High Court in certain cases.

Section 59

Implied warranty on sale of indicated goods.

Section 60

Powers of Registrar.

Section 61

Exercise of discretionary power by Registrar.

Section 62

Evidence before Registrar.

Section 63

Death of party to a proceeding.

Section 64

Extension of time.

Section 65

Abandonment.

Section 66

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

Section 67

Relief in suit for infringement or for passing off.

Section 68

Authorised user to be impleaded in certain proceedings.

Section 69

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

Section 70

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

Section 71

Power to require goods to show indication of origin.

Section 72

Certificate of validity.

Section 73

Groundless threats of legal proceedings.

Section 74

Address for service.

Section 75

Trade usages, etc., to be taken into consideration.

Section 76

Agents.

Section 77

Indexes.

Section 78

Documents open to public inspection.

Section 79

Reports of Registrar to be placed before Parliament.

Section 80

Fees and surcharge.

Section 81

Savings in respect of certain matters in Chapter VIII.

Section 82

Declaration as to title of geographical indication not registrable under the Registration Act, 1908.

Section 83

Government to be bound.

Section 84

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

Section 85

Provision as to reciprocity.

Section 86

Powers of Central Government to remove difficulties.

Section 87

Power to make rules.