The Geographical Indications of Goods (Registration and Protection) Act, 1999 No.48 of 1999

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

Chapter I: Preliminary

1. Short Title, Extent and Commencement

2. Definitions and Interpretation

Chapter II: 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 Offices 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 Authorised 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 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 defense 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 be made to Appellate Board in Certain Cases

59. Implied Warranty on Sale of Indicated Goods

60. Power 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. Authorized 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. Index

78. Documents Open to Public Inspection

79. Reports of Registrar to be Placed Before Parliament

80. Fees and Surcharge

81. Savings in Respect of Certain Matters in Chapter VIII

82. Declarations as to Title of Geographical Indication not Registrable under the Registration Act, 1908

83. Government to be bound

84. Special Provisions Relating to Applications for Registration from Citizens of Convention Countries

85. Provisions as to Reciprocity

86. Powers of Central Government to Remove Difficulties

87. Power to Make Rules