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Bar News Acts League

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

Act ID: 1999

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."

Table of Contents

87 Sections

Ch. IP

reliminary

S.1Short title, extent and commencement S.2Definitions and interpretation

Ch. IIT

he register and conditions for registration

S.3Registrar of Geographical Indications S.4Power of Registrar to withdraw or transfer cases, etc S.5Geographical Indications Registry and offices thereof S.6Register of Geographical Indications S.7Part A and Part B of the register S.8Registration to be in respect of particular goods and area S.9Prohibition of registration of certain geographical indications S.10Registration of homonymous geographical indications

Ch. IIIP

rocedure for and duration of registration

S.11Application for registration S.12Withdrawal of acceptance S.13Advertisement of application S.14Opposition to registration S.15Correction and amendment S.16Registration S.17Application for registration as authorised user S.18Duration, renewal, removal and restoration of registration S.19Effect of removal from register for failure to pay fee for renewal

Ch. IVE

ffect of registration

S.20No action for infringement of unregistered geographical indication S.21Rights conferred by registration S.22Infringement or registered geographical indications S.23Registration to be prima facie evidence of validity S.24Prohibition of assignment or transmission, etc

Ch. VS

pecial provisions relating to trade marks and prior users

S.25Prohibition of registration of geographical indication as trade mark S.26Protection to certain trade marks

Ch. VIR

ectification and correction of the register

S.27Power to cancel or vary registration and to rectify the register S.28Correction of register S.29Alteration of registered geographical indications S.30Adaptation of entries in register to amend or substitute classification of goods

Ch. VIIA

ppeals to the appellate board

S.31Appeals to the Appellate Board S.32Bar of jurisdiction of courts, etc S.33Procedure of the Appellate Board S.34Procedure for application for rectification, etc., before Appellate Board S.35Appearance of Registrar in legal proceedings S.36Costs of Registrar in proceedings before Appellate Board

Ch. VIIIO

ffences, penalties and procedure

S.37Meaning of applying geographical indications S.38Falsifying and falsely applying geographical indications S.39Penalty for applying false geographical indications S.40Penalty for selling goods to which false geographical indication is applied S.41Enhanced penalty on second or subsequent conviction S.42Penalty for falsely representing a geographical indication as registered S.43Penalty for improperly describing a place of business as connected with the Geographical Indications Registry S.44Penalty for falsification of entries in the register S.45No offence in certain cases S.46Forfeiture of goods S.47Exemption of certain persons employed in ordinary course of business S.48Procedure where invalidity of registration is pleaded by the accused S.49Offences by companies S.50Cognizance of certain offences and the powers of police officer for search and seizure S.51Costs of defence of prosecution S.52Limitation of prosecution S.53Information as to commission of offence S.54Punishment for abetement in India of acts done out of India

Ch. IXMis

cellaneous

S.55Protection of action taken in good faith S.56Certain persons to be public servants S.57Stay of proceedings where the validity of registration of the geographical indication is questioned, etc S.58Application for rectification of register to be made to Appellate Board in certain cases S.59Implied warranty on sale of indicated goods S.60Powers of Registrar S.61Exercise of discretionary power by Registrar S.62Evidence before Registrar S.63Death of party to a proceeding S.64Extension of time S.65Abandonment S.66Suit for infringement, etc., to be instituted before district court S.67Relief in suit for infringement or for passing off S.68Authorised user to be impleaded in certain proceedings S.69Evidence of entries in register, etc., and things done by the Registrar S.70Registrar and other officers not compellable to produce register, etc S.71Power to require goods to show indication of origin S.72Certificate of validity S.73Groundless threats of legal proceedings S.74Address for service S.75Trade usages, etc., to be taken into consideration S.76Agents S.77Indexes S.78Documents open to public inspection S.79Reports of Registrar to be placed before Parliament S.80Fees and surcharge S.81Savings in respect of certain matters in Chapter VIII S.82Declarations as to title of geographical indication not registerable under the Registration Act, 1908 S.83Government to be bound S.84Special provisions relating to applications for registration from citizens of convention countries S.85Provision as to reciprocity S.86Powers of Central Government to remove difficulties S.87Power to make rules