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CHAPTER VIII MISCELLANEOUS

BananaIP Counsels > Geographical Indications Rules > CHAPTER VIII MISCELLANEOUS

CHAPTER VIII MISCELLANEOUS

 

82. (A) Single application.

 

(1) Where an application for the registration of a geographical indication for goods is made under sub-section (3)of section 11, the specification of goods contained in it shall set out the classes in consecutive numerical order beginning with the lowest number and list under each class the goods appropriate to that class.

 

(2) If the specification of goods contained in the original application for the registration of a geographical indication lists by reference to a class or classes in the Fourth Schedule in which they do not fall, the Registrar shall require the applicant to divide the application on payment of a divisional fee in Form GI – 5 to the class or classes to which the application relates together with such class fee as may be appropriate.

 

(3) Applications filed under sub-section 3 of section 11 when ordered to be advertised shall be published in a separate section of the Geographical Indications Journal.

 

(4) The Registrar shall issue a single certificate of registration in respect of an application made under sub-section 3 of section11 which has proceeded to registration.

 

(B) Divisional Application.

 

(1) Where an application is made in Form GI – 5 under proviso to section 15 for the division of a single application, such an application shall be divided into two or more separate applications upon the payment of a division fee and such class fees as are appropriate.

 

(2) At any time before registration an applicant may request the Registrar for a division of his application for registration (the original applications) into two or more separate applications (divisional applications), indicating for each division the specification of goods. The Registrar shall treat each divisional application as a separate application for registration with the same filing date as the original application.

 

(3) In the case of a request to divide some, but not all, of the goods in a class, a divisional fee for separate application to be created by division shall be submitted.

 

(4) If the request to divide does not include necessary fee or is otherwise deficient, the Registrar will notify the applicant of deficiency. The applicant must correct any such deficiency within thirty days. If the applicant fails to correct the deficiency within the time provided, the request will be considered as abandoned and the application will be proceeded further without regard to the request.

 

(5) Where a request to divide an application is received, the Registrar shall assign an additional separate new serial number or numbers, as the case may be, and it will be cross referenced with the original application. Such additional separate application or applications shall be assigned same filing date as the original application.

 

(6) For the removal doubt, it is clarified that no new registration is effected when a single application is divided. On the contrary, application already filed are merely separated or divided into individual files.

 

 

 

83. Extension of time.

 

(1) An application for extension of time under section 64 (not being a time expressly provided in the Act or a time for the extension of which provision is made in the rules) shall be made on Form GI- 9.

 

(2) Upon an application made under sub-rule (1) the Registrar, if satisfied that the circumstances are such as to justify the extension of the time applied for, may subject to the provisions of the rules where a maximum time limit is prescribed and subject to such conditions as he may think fit to impose, extend the time and notify the parties accordingly and the extension may be granted though the time for doing the act or taking the proceeding for which it is applied for has already expired.

 

 

 

 

84. Exercise of discretionary power of Registrar.

 

The time within which a person entitled under Section 61 to an opportunity of being heard shall exercise his option of requiring to be heard shall, save as otherwise expressly provided in the Act or the rules, be one month from the date of a notice which the Registrar shall give to such person before determining the matter with reference to which such person is entitled to be heard. If within that month such person is required to be heard, the Registrar shall appoint a date for the hearing and shall give 10 day’s notice thereof.

 

85. Notification of decision.

 

The decision of the Registrar in the exercise of any discretionary power given to him by the Act or the rules shall be notified to the person affected.

 

 

 

 

86. Amendments and correction of irregularity in procedure.

 

(1) Any document, communication or other representation respecting a geographical indication or an authorised user may be amended and any irregularity in procedure which in the opinion of the Registrar, may be obviated without detriment to the interests of any person, may be corrected, if the Registrar thinks fit and proper on such terms as he may direct.

 

(2) The Registrar may require the amendment of any application or representation of a geographical indication or any other document or the addition of any matter thereto in order to bring it in accordance with the formal requirements of the Act.

 

 

 

 

87. Directions not otherwise prescribed.

 

Where in the opinion of the Registrar, it is necessary for the proper prosecution or completion of any proceedings under the Act or rules for a person to perform an act, file a document or produce evidence, which is not provided for by the Act or the rules, the Registrar may by notice in writing require the person to perform the Act, file the document or produce the evidence, specified in the notice.

 

 

 

 

88. Hearings.

 

(1) Subject to sub-rule (2) of rule 4 in relation to a geographical indication for which an application for registration is made on or after the notified date, the application as well as any proceeding under the Act and the rules shall, in the event of a hearing becoming necessary, be heard at the appropriate office of the Geographical Indications Registry at which such application was made under sub-section (4) of section 11, or at such place within the territorial jurisdiction of that office as the Registrar may deem proper.

(2) Where an officer exercising the powers of the Registrar who has heard any matter under the Act or the Rules, has reserved orders therein, is transferred from one office of the Registry to another or reverts to another appointment before passing an order or rendering decision therein, he may, if the Registrar so directs, pass the order or render the decision as if he had continued to be the officer in the office of the Registry where the matter was heard.

 

89. Costs in uncontested cases.

 

Where any opposition duly instituted under the rules is not contested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether the proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was filed.

 

 

 

 

90. Exception to rule 89.

 

Notwithstanding anything in rule 89, costs in respect of fees specified under entries, 7, 8 and 9 of the First Schedule and of all stamps used on and affixed to affidavits used in the proceedings shall follow the event.

 

 

 

 

91. Scale of costs.

 

Subject to the provisions of rules 89 and 90, in all proceedings before the Registrar the Registrar may, save as otherwise expressly provided by the Act, award such costs, not exceeding the amount admissible therefore, as he considers reasonable having regard to all the circumstances of the case.

 

 

 

92. Application for review of Registrar’s decision.

 

An application to the Registrar for the review of his decision under clause (c) of section 60 shall be made on Form GI-7 within one month from the date of such decision or within such further period not exceeding one month thereafter as the Registrar may on request allow, and shall be accompanied by a statement setting forth the grounds on which the review is sought. Where the decision in question concerns any other person in addition to the applicant, such application and statement shall be left in triplicate and the Registrar shall forthwith transmit a copy each of the application and statement to the other person concerned. The Registrar may, after giving the parties an opportunity of being heard, reject or grant the application, either unconditionally or subject to any conditions or limitations, as he thinks fit.

 

 

AFFIDAVITS

93. Form, etc. of Affidavits.

 

(1) The Affidavits required by the Act and the rules to be filed at the Geographical Indications Registry or furnished to the Registrar, unless otherwise provided in the Second Schedule, shall be headed in the matter or matters to which they relate, shall be drawn up in the first person, and shall be divided into paragraphs consecutively numbered, and each paragraph shall, as far as practicable, be confined to one subject. Every affidavit shall state the description and the true place of abode of the person making the same, shall bear the name and address of the person filing it and shall state on whose behalf it is filed.

 

(2) Where two or more persons join in an affidavit, each of them shall depose separately to such facts which are within his personal knowledge and those facts shall be stated in separate paragraphs.

 

(3) Affidavits shall be taken –

 

(a) In India -before any court or person having by law authority to receive evidence, or before any officer empowered by such Court as aforesaid to administer oaths or to take affidavits,

 

(b) in any country or place outside India – before a diplomatic or consular officer, within the meaning of the Diplomatic and Consular Officers (Oaths and Fee) Act, 1948, of such country or place, or before a notary public, or before a judge or magistrate, of the country or place.

 

(4) The person before whom an affidavit is taken shall state the date on which and the place where the same is taken and shall affix his seal, if any, or the seal of the Court to which he is attached, thereto and sign his name and description at the end thereof.

 

(5) Any affidavit purporting to have affixed, impressed or subscribed thereto or therein the seal or signature of any person authorised by sub-rule (3) to take an affidavit, in testimony of the affidavit having been taken before him, may be admitted by the Registrar without proof of the genuineness of the seal or signature or of the official character of that person.

 

(6) Alterations and interlineations shall, before an affidavit is sworn or affirmed, be authenticated by the initials of the person before whom the affidavit is taken.

 

(7) Where the deponent is illiterate, blind or unacquainted with the language in which the affidavit is written, a certificate by the person taking the affidavit that the affidavit was read, translated or explained in his presence to the deponent, that the deponent seemed perfectly to understand it and that the deponent made his signature or mark in his presence, shall appear in the jurat.

 

(8) Every affidavit filed before the Registrar in connection with any of the proceedings under the Act or the rules shall be duly stamped under the law for the time being in force.

INSPECTION OF DOCUMENTS BY THE PUBLIC

 

 

94. Inspection of documents.

 

The documents mentioned in sub-section (1) of section 78 shall be available for inspection at the Head office of the Geographical Indications Registry. A copy of the register and such of the other documents mentioned in section 78, as the Central Government may by notification in the Official Gazette direct, shall be available for inspection at each branch office of the Geographical Indications Registry as and when established. The inspection shall be on payment of the prescribed fee and at such times on all the days on which the offices of the Geographical Indications Registry are not closed to the public, as may be fixed by the Registrar.

 

 

 

 

95. Distribution of copies of Journal and other documents.

 

 

The Central Government may direct the Registrar to distribute the journal and any other document which it may consider necessary, to such places as may be fixed by the Central Government in consultation with the State Governments and notified from time to time in the Official Gazette.

CERTIFICATES

 

 

96. Certified copies of documents.

 

The Registrar may furnish certified copies of any entry in the register or certified copies of any documents referred to in sub-section (1) of section 78 or of any decision or order of the Registrar, or give a certificate other than a certificate under sub-section (2) of section 16 as to any entry, matter or thing which he is authorised or required by the Act or the rules to make or do, upon receipt from any person of an application therefor on Form GI-7 accompanied by the prescribed fee. The Registrar shall not be obliged to include in any certificate or certified copy a copy of any geographical indication unless he is furnished by the applicant with a copy thereof suitable for the purpose:

 

 

 

97. Certificate for use in obtaining registration abroad.

 

(1) Where a certificate relating to the registration of a geographical indication is desired for use in obtaining registration in any territory outside India, the Registrar shall include in the certificate a copy of the geographical indication and may require the applicant for the certificate to furnish him with a copy of the geographical indication suitable for that purpose, and if the applicant fails to do so, the Registrar may refuse to issue the certificate.

 

(2) Where a geographical indication is registered without limitation of colour, the copy of the geographical indication to be included in the certificate, may be either in the colour in which it appears upon the register or in any other colour or colours and it shall be stated in the certificate that the geographical indication is registered without limitation of colour.

 

(3) The Registrar may state in the certificate such particulars concerning the application for registration or the registration of the geographical indication as may deem fit to him, and may specify the terms and conditions and other limitation appearing on the Register.

APPEALS TO THE INTELLECTUAL PROPERTY APPELLATE BOARD

 

98. Time for appeal.

 

(1) An appeal to the Intellectual Property Appellate Board from any decision of the Registrar under the Act or the rules shall be made within three months from the date of receipt of such decision or within such further time as the said Appellate Board may allow.

 

(2) A copy of every application to the said Intellectual Property Appellate Board under the Act or the rules shall be served on the Registrar.

CERTIFICATE OF VALIDITY

 

99. Certificate of validity to be noted.

 

Where the Intellectual Property Appellate Board has certified as provided in section 72 with regard to the validity of a registered geographical indication, the proprietor thereof may request the Registrar on Form GI-7 to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, particulars of which shall be given in the request. An officially certified copy of the certificate shall be sent with the request, and the Registrar shall record a note to that effect in the register and publish the note in the Journal.

 

 

RETURN OF EXHIBITS AND DESTRUCTION OF RECORDS.

 

 

100. Return of exhibits.

 

(1) Where the exhibits produced in any matter or proceeding under the Act or the rules are no longer required in the Geographical Indications Registry, the Registrar may notify the party concerned to take back the exhibits within a time specified by him and if the party fails to do so, such exhibits shall be dealt with in the manner mentioned under sub-rule (2) below.

 

(2) Where any exhibits have been produced in any proceeding, the Registrar may, if satisfied that it is no longer necessary to retain them, cause them to be destroyed, after the expiration of six months from the notified date.

 

 

101. Destruction of records.

 

Where an application for the registration of a geographical indication or an authorised user has been withdrawn abandoned or refused or the geographical indication or the authorised user has been removed from the register, the Registrar may, at the expiration of three years after the application is so withdrawn or is abandoned or is refused or after the geographical indication is removed from the register, as the case may be, destroy all or any of the records relating to the application for the geographical indication or the authorised user concerned.

PART II

REGISTRATION OF GEOGRAPHICAL INDICATIONS AGENT

102. Register of Geographical Indications Agent.

 

The Registrar of Geographical Indications shall maintain a Register of Geographical Indications Agents wherein shall be entered the name, address of the place of residence, address of the principal place of business, the nationality, qualifications and date of registration of every registered Geographical Indications Agent.

 

103. Registration of existing registered trade marks agent.

 

(1) Subject to rule 104 every person whose name is on the notified date on the Register of Trade Marks Agents maintained under the Trade Marks Rules, 2002 shall be deemed to be registered as a Geographical Indications Agent under the Act and the rules.

 

(2) The continuance fee of Geographical Indication s Agents deemed to be registered under sub rule (1) shall be payable as and from the notified date.

 

(3) The Registrar may publish the Dress Code for Registered geographical indications Agent in the Geographical Indications Journal.

 

(4) The Registrar may publish in the Journal a code of conduct for registered geographical indications agents.

 

104. Qualifications for registration.

 

Subject to the provisions of rule 105, a person shall be qualified to be registered as a Geographical Indications Agent if he-

 

(i) is a citizen of India;

 

(ii) is not less than 21 years of age;

 

(iii) has passed the examination prescribed in rule 108 or is an Advocate within the meaning of the Advocates Act,1961;

 

(iv) is a graduate of any university in India or possess an equivalent qualification, and

 

(v) is considered by the Registrar as a fit and proper person to be registered as a Geographical Indications Agent.

 

 

 

105. Persons debarred from registration.

 

A person shall not be eligible for registration as a Geographical Indications Agent if he –

 

(i) Has been adjudged by a competent Court to be of unsound mind;

 

(ii) is an undercharged insolvent;

 

(iii) Being a discharged insolvent has not obtained from the Court a certificate to the effect that his insolvency was caused by misfortunate without any misconduct on his part;

 

(iv) has been convicted by a competent Court, whether within or without India of an offence punishable with transportation or imprisonment, unless the offence of which he has been convicted has been pardoned or unless on an application made by him, the Central Government by order in this behalf, has removed the disability;

 

(v) being a legal practitioner has been held guilty of professional misconduct by any High Court in India or by any Court beyond the limits of India;

 

(vi) being a chartered accountant, or a company secretary has been held guilty of negligence or misconduct by a High Court; or

 

(vii) being a registered geographical indication agent has been held guilty of professional misconduct by the Registrar.

 

 

 

106. Manner of making application.

 

Subject to sub-rule (2) of rule 4, all applications under the provisions of this Part shall be made in triplicate, and shall be sent to or left at that office of the Geographical Indications Registry within whose territorial limits the principal place of business of the applicant is situate.

 

 

 

107. Application for registration as a geographical indications agent.

 

(1) Every person desiring to be registered as a Geographical Indications Agent shall make an application on Form GI-8.

 

(2) The applicant shall furnish such further information bearing on his application as may be required of him at any time by the Registrar.

 

 

 

 

108. Procedure on application and qualifying requirements.

 

(1) On receipt of an application for the registration of a person as a geographical indications agent, the Registrar, if satisfied that the applicant fulfils the prescribed qualifications, shall appoint a date in the due course on which the candidate will appear before him for a written examination in Geographical Indications Law and the Practice and Procedure in relation thereto and followed by an interview. The candidate will be expected to possess a detailed knowledge of the provisions of the Act and the rules and a knowledge of the elements on law of geographical indication.

 

(2) The qualifying mark for the written examination and for interview shall be 40 percent and 50 percent respectively and a candidate shall be declared to have passed the examination only if he obtained an aggregate of 50 percent of the total marks.

 

109. Certificate of registration.

 

After a candidate has been interviewed and any further information bearing on his application, which the Registrar may consider necessary has been obtained and if the Registrar considers the applicant eligible and qualified for registration as a geographical indications agent, he shall send an intimation to that effect to the applicant and any person so intimated may pay the prescribed fee inForm GI-8 for his registration as a Geographical Indications Agent. Upon receipt of the same, fee the Registrar shall cause the applicant’s name to be entered in the register of Geographical Indications Agents and shall issue to him a certificate on Form O-4 of his registration as a Geographical Indications Agents.

 

 

 

 

110. Continuance of a name in the Register of Geographical Indications Agents.

 

The continuance of a person’s name in the Register of Geographical Indications Agents shall be subject to his payment of the fees prescribed in Form GI-8.

 

 

 

 

111. Removal of agent’s name from the Register of Geographical Indications Agents.

 

(1) The Registrar shall remove from the Register of Geographical Indications Agents the name of any registered Geographical Indications Agent-

 

(a) from whom a request has been received to that effect, or

 

(b) from whom the annual fee has not been received on the expiry of three months from the date on which it became due.

 

(2) The Registrar shall remove from the Register of Geographical Indication s Agents the name of any registered Geographical Indications agent-

 

(a) who is found to have been subject at the time of his registration, or thereafter has become subject to any of the disabilities stated in clauses (i) to(vi) of rule 105; or

 

(b) whom the Registrar has declared not to be a fit and proper person to remain in the Register by reason of any act of negligence, misconduct or dishonesty committed in his professional capacity;

 

(c) whose name has been entered in the register by an error or on account of misrepresentation or suppression of material fact:

 

Provided that before making such declaration under clause (b) and (c) the Registrar shall call upon the person concerned to show cause why his registration should not be cancelled and shall make such further enquiry, if any, as it may consider necessary.

 

(3) The Registrar shall remove from the Register of Geographical Indications Agents the name of any registered geographical indications agent who is dead.

 

(4) The removal of the name of any person from the Register of Geographical Indications Agents shall be notified in the Official Gazette and in the Journal and shall, wherever possible, be communicated to the person concerned.

 

 

 

 

112. Power of Registrar to refuse to deal with certain agents.

 

(1) The Registrar may refuse to recognise-

 

(a) any individual whose name has been removed from, and not restored to the Register;

 

(b) any person, not being registered as a Geographical Indications Agent, who in the opinion of the Registrar is engaged wholly or mainly in acting as agent in applying for geographical indications in India or elsewhere in the name or for the benefit of the person by whom he is employed;

 

(c) any company or firm, if any person whom the Registrar could refuse to recognise as agent in respect of any business under these rules, is acting as a director or manager of the company or is a partner in the firm.

 

(2) The Registrar shall also refuse to recognise as agent in respect of any business under this rule any person who neither resides nor has a place of business in India

 

 

 

 

113. Restoration of removed names.

 

The Registrar may, on an application made on Form GI-8 within six months from the date of removal of his name from the Register of Geographical Indications Agent accompanied by the fee specified in the First Schedule from a person whose name has been removed under clause (b) of sub-rule (1) of rule 111, restore his name to the Register of Geographical Indications Agent and continue his name therein for a period of one year from the date on which his last annual fee became due.

 

 

 

 

114. Alteration in the Register of Geographical Indications Agents.

 

(1) A registered Geographical Indications Agent may apply for alteration of his name, address of the place of residence, address of the principal place of business or qualifications entered in the Register of Geographical Indications Agent. On receipt of such application the Registrar shall cause the necessary alteration to be made in the Register of Geographical Indications Agent.

 

(2) Every alteration made in the Register of Geographical Indications Agents shall be notified in the Journal.

 

 

 

 

115. Publication of the Register of Geographical Indications Agents.

 

The Register of Geographical Indications Agents shall be published from time to time and a complete list thereof at least once in two years in the Geographical Indications Journal as the Registrar may deem fit, the entries being arranged in the alphabetical order of the surnames of the registered Geographical Indications Agent and copies thereof shall be placed on sale.

 

 

 

116. Appeal.

An appeal shall lie to Intellectual Property Appellate Board from any order or decision of the Registrar in regard to the registration of Geographical Indications Agents under Part II of these rules, and the decision of the Appellate Board shall be final and binding.

 

THE FIRST SCHEDULE

[See rule 10(1)]

No. of Entry

On what payable

Amount in Rupees

Corresponding Form

Numbers

(1)

(2)

(3)

(4)

1A

On application for the registration of a geographical indication for goods included in one class [Section 11(1), rule 23(2)].

5,000

GI-1

1B

On application for the registration of a geographical indication for goods included in one class from a convention country[Section 11(1), 84(1), rule 23(3) .

5,000

GI-1

1C

On a single application for the registration of a geographical indication for goods in for each class different classes [Section 11(3) rule 23(5)].

5,000

GI-1

1D

On a single application for the registration of a geographical indication for goods in different classes from a convention country [Section 11(3), 84(1), rule 23(4)].

5,000

GI-1

2A

On a notice of opposition to the registration of a geographical indication under section for each class 14(1) or an opposition to an authorised user Section 17(3)(e).

1,000

GI-2

2B

On a counter-statement in answer to a notice of opposition under section 14(2) or 17(3)(e) for each application opposed and in answer to an application under section 27 in respect of each geographical indication or in answer to a notice of opposition under section 29.

1,000

GI-2

2C

On application for extension of time for filing notice of opposition. [Section 14(1), 17(3)(e), 29(2), rule 41(5)]

300

GI-2

3A

On application for the registration of an authorised user of a registered geographical indication under section 17, Rule 56(1)

500

GI-3

3B

On request for issuance of a registration certificate as an authorised user, Rule 59(1)

100

GI-3

3C

For renewal of an authorised user 18(2), rule 60(1)

1,000

GI-3

4A

For renewal under section 18(1) of the registration of a geographical indication at the expiration of the last registration. Rule 60(1).

3,000

GI-4

4B

On application under section 18(5) for restoration of geographical indication or an plus applicable authorised user removed from the Register. renewal fee rule 63.

1,000

GI-4

4C

On application for renewal under proviso to section 18(4) Proviso to rule 62 within six months from the expiration of last registration of geographical indication

3,500

GI-4

5A

On request for alteration of the address of the principal place of business or of residence in India or of the address in the home country abroad in the Register of Geographical Indications are authorised user, Section 28, rule 69.

300

GI-5

5B

On request to enter change in name or description of proprietor of geographical indication upon the Register.

300

GI-5

5C

On request for correction of any error in the name, address or description of the registered proprietor or the authorised user of a geographical indication. (Section 28(a)).

300

GI-5

5D

On application for the rectification of the Register in Part B for the removal of an authorised user. Section 27, Rule 65.

1,000

GI-5

5E

On division of goods in a class or on division of an application made for registration of a geographical indication in different classes under proviso to Section 15, rule 23(7).

1,000

GI-5

5F

For a search under rule 22 in respect of one Class

500

GI-5

6A

On application under section 27 for rectification of the register or removal of a geographical indication or expunge or vary the Statement of the Case under rule 32(1) recorded in the Register or an authorised user from the register, Rule 65

1,000

GI-6

6B

On application for leave to intervene in proceedings relating to the rectification of the Register or for the removal of a geographical indication or an authorised user from the Register. Rule 67 and 80(4).

500

GI-6

7A

On request for certificate of Registrar [other than a certificate under Section 69 or 78(1)]. Rule 96

300

GI-7

7B

Affidavit in support of statement of case or other documents required under the Act or rules.

Nil

GI-7

7C

On request for entry in the Register and advertisement of a note of certificate of validity of the Appellate Board. Rule 99.

200

GI-7

7D

On application for review of Registrar’s decision.

500

GI-7

7E

On request to registrar for particulars of advertisement of a geographical indication

100

GI-7

7F

On request to Registrar for a duplicate or further copy of certificate.

200

GI-7

8A

Application for registration of a geographical indications agent. Rule 107.

1,000

GI-8

8B.

On request for issuance of certificate as geographical indications agent. Rule 109.

1,000

GI-8

8C

For continuance of the name of a person in the Register of Geographical Indication Agent under rule 110;

– For every year (excluding the first year) to be paid on 1st April in each year.

– For the first year to be paid along with the fee for registration, in the case of a person registered at any time between the 1st April, and 30th September.

N.B: A year for this purpose will commence on the 1st day of April and day of March following.

1,000

GI-8

8D

On application for restoration of the name of a person to the Register of Geographical Indications under rule 113

1,000

plus continuance fee

under entry No.8C

GI-8

9C.

On application for extension of time not being a time expressly provided in the Act or prescribed in the rules. Rule 83

300

GI-9

9B.

On application for leave to add or alter a registered geographical indication [except where the application is made by an or of a public authority or in consequence of a statutory requirement. Section 29.

300

GI-9

9A.

On application to Registrar for additional protection to certain goods. Section 22(2), rule 77(1).

25,000

GI-9

10A

On application for cancellation of an entry in the Register or to strike out goods. (Section 28(c) or (d)).

300

GI-10

10B.

Form of authorisation of agent in a matter or proceedings under the Act. Section 76, Rule 20

Nil

GI-10

11

On petition (not otherwise charged) for obtaining the Registrar’s order on any interlocutory matter in a contested proceeding.

500

12.

For inspecting the document mentioned in Section 78(1)-

a) relating to any particular geographical indication or authorised user thereof for every hour or part thereof;

b) computer search (when made available) for every 15 minutes;

c) Search of index mentioned in section 78 for every hour or part thereof.

100

100

100

13

For copying of documents (photocopy or typed) for every page or part thereof in excess of one page

10

THE SECOND SCHEDULE

FORMS

[List of forms]

Form No.

Section of the Act

Title

Entry

Number

(1)

(2)

(3)

(4)

GI-1

Section 11(1), rule 23(2)Application for the registration of a geographical indication for goods included in one class

1A

GI-1

Sections 11(1), 84(1), rule 23(3)Application for the registration of a geographical indication for goods included in one class from a convention country

1B

GI-1

Sections 11(3), rule 23(5)A single application for the registration of a geographical indication for goods in different classes.

1C

GI-1

Sections 11(3), 84(1), rule 23(4)A single application for the registration of a geographical indication for goods in different classes from a convention country .

1D

GI-2

GI-2 Sections 14(1), 17(3)(e)

Rule 41

Notice of opposition to the registration of a geographical indication or an opposition or an authorised user.

2A

GI-2

Section 14(2), 17(3)(e),27 & 29,

rule 43(1), 58, 72(2)

Form of counterstatement

2B

GI-2

Section 14(1), 17(3)(e), 29(2), rule

41(5), 72(2)

Application for extension of time for filing notice of opposition

2C

GI-3

Section 17(1), rule 56(1)Application for the registration of an authorised user of a registered geographical indication.

3A

GI-3

Section 18(5), rule 59Request for issuance of a registration certificate as an authorised user.

3B

GI-3

18(2), rule 60(1)For renewal of an authorised user

3C

GI-4

Section 18(4), Rule 60Renewal of the registration of a geographical indication at the expiration of the last registration.

4A

GI-4

Sections 18(5), rule 63Application for restoration of geographical indication or an authorised user removed from the Register

4B

GI-5

Section 28, rule 69On request for alteration of the address of the principal place of business or of residence in India or of the address in the home country abroad in the Register of Geographical Indications are authorized user.

5A

GI-5

28 (c )Request to enter change in name or description of proprietor of geographical indication upon the Register.

5B

GI-5

28(a)Request for correction of any error in the name, address or description of the registered proprietor or the authorised user of a geographical indication.

5C

GI-5

Section 27, Rule 65Application for the rectification of the register in Part B for the removal of an authorised user.

5D

GI-5

Rule 22A request for search in respect of one class.

5E

GI-5

Proviso to Section 15, rule 23(7)Division of an application made for registration of a geographical indication in different classes

5F

GI-6

Section 27Application for rectification of the register or removal of a geographical indication or expunge or vary the Statement of the Case under rule 32(1) recorded in the Register from the register.

6A

GI-6

Rule 67 and 80(4)Application for leave to intervene in proceedings relating to the rectification of the Register or for the removal of a geographical indication or an authorised user from the Register.

6B

GI-7

Section 69 or 78(1)]. Rule 96.Request for certificate of Registrar [other than a certificate under Section 16(2) ].

7A

GI-7

Rule 93Affidavit in support of statement of case or other documents required under the Act or rules.

7B

GI-7

72, rule 99Request for entry in the Register and advertisement of a note of certificate of validity of the Appellate Board.

7C

GI-7

63, rule 92Application for review of Registrar’s decision.

7D

GI-7

Rule 40Request to registrar for particulars of advertisement of a geographical indication

7E

GI-7

Rule 55(2)Request to Registrar for a duplicate or further copy of certificate.

7F

GI-8

Rule 107Application for registration of a geographical indications agent

8A

GI-8

Rule 109.On request for issuance of certificate as geographical indications agent

8B

GI-8

Rule 110.For continuance of the name of a person in the Register of Geographical Indication Agent under rule 110; – For every year (excluding the first year) to be paid on 1st April in each year. – For the first year to be paid along with the fee for registration, in the case of a person registered at any time between the 1st April, and 30th September.

N.B: A year for this purpose will commence on the 1st day of April and end on the 31st day of March following.

8C

GI-8

Rule 113On application for restoration of the name of a person to the Register of Geographical Indications under rule 113

8D

GI-9

22(2), rule 77On application to Registrar for additional protection to certain goods.

9A

GI-9

29Application for leave to add or alter a registered geographical indication [except where the application is made by an or of a public authority or in consequence Of statutory requirement]

9B

GI-9

64, rule 83Application for extension of time not being a time expressly provided in the Act or prescribed in the rules.

9C

GI-10

28 ( c ) or (d)Application for cancellation of an entry in the Register or to strike out goods.

10A

GI-10

76, Rule 20Form of authorisation of agent in a matter or proceedings under the Act.

10B

THE THIRD SCHEDULE

Forms to be used by the Registrar

LIST OF FORMS

Form No. Title

0-1 Section 16(3) … Notice of non-completion of registration

0-2 Rule 55(1) … Certificate of registration of geographical indication

0-3 Rule 61 … Notice of expiration of last registration.

0-4 Rule 102 … Certificate of registration of a person as a geographical indications agent.

O-5 Rule 55(1) … Notice of expiration of last registration of an authorised user.

FORM 0-1

GOVERNMENT OF INDIA

GEOGRAPHICAL INDICATION REGISTRY

GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999

Notice of non-completion of registration..

No………….

Notice is hereby given as required by section 16(3) that the registration of the geographical indication , in respect of which application numbered as above was made on the ……..day of …..20…., has not been completed by reason of default on the part of the applicant.

Unless registration is completed within twenty- one days from the date of this notice, the application will be treated as abandoned.

All communications relating to this application may be sent to the following address in India:-

Dated this ……day of ……..200….

Registrar of Geographical Indications

To, _______________

FORM 0-2

GOVERNMENT OF INDIA

GEOGRAPHICAL INDICATION REGISTRY

GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999

Certificate of registration of geographical indication under Section 16(1) or of authorised user

under section 17(3)(e)

Geographical Indication No………………..

Authorised user No ……………………

Date…………………….

Certified that the Geographical Indication (of which a representation is annexed hereto) /authorised user has been registered in the register in the name of ………in Class…..under No…….as of the date ……….in respect of …………

Sealed at my direction this:………day of …..20……

Registrar of Geographical Indications.

Registration is for 10 years from the date first above-mentioned and may then be renewed for a period of 10 years, and also at the expiration of each period of 10 years thereafter. .

This certificate is not for use in legal proceedings or for obtaining registration abroad.

FORM 0-3

GOVERNMENT OF INDIA

GEOGRAPHICAL INDICATION REGISTRY

GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999

Notice of expiration of last registration under Section 18(4) of Geographical Indications Act 1999

Agent

Registered geographical indication No……………

 

Class…………..

 

Notice is hereby given as required in section 18(4) of the Geographical Indication Of Goods (Registration And Protection) Act,1999 that the registration of the aforesaid geographical indication will expire on………….. and that the registration can be renewed for a further period of ten years on receipt in the Geographical Indication Registry of an application in the enclosed Form GI 4 accompanied by prescribed fee of Rs. 3,000 on or before the said date.

Dated this…………day of ……….20….

Registrar of Geographical Indications

FORM 0-4

GOVERNMENT OF INDIA

GEOGRAPHICAL INDICATION REGISTRY

GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999

Certificate of registration as Geographical Indication Agent

Rule-109

No…….

This is to certify that……………………………………………………………………………………………………………………………………… of…………………………………..was registered on this ………day of ………20…………in the Register of Geographical Indication Agent maintained under rule-102 Of Geographical Indication of Goods (Registration and Protection) Rules, 2002.

Registrar of Geographical Indications

FORM 0-5

GOVERNMENT OF INDIA

GEOGRAPHICAL INDICATION REGISTRY

GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999

Notice of expiration of last registration under section 18(4)

 

Registered authorised user No……….

 

Notice is hereby given as required under section 18(4) of the Geographical Indication Of Goods (Registration And Protection) Act, 1999 that the registration of the aforesaid authorised user will expire on…………… and that the registration can be renewed for a further period of ten years on receipt in the Geographical Indication Registry of an application in the enclosed Form GI 3 accompanied by the prescribed fee of Rs. 1,000 on or before the said date.

Dated…………….day………..20…

Registrar of Geographical Indications

THE FOURTH SCHEDULE

Classification of goods– Name of the classes

(Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes).

Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry

Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists

Class 3 Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices

Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks

Class 5 Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides

Class 6 Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores

Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs

Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors

Class 9 Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus

Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials

Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes

Class 12 Vehicles; apparatus for locomotion by land, air or water

Class 13 Firearms; ammunition and projectiles; explosives; fire works

Class 14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments

Class 15 Musical instruments

Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks

Class 17 Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal

Class 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery

Class 19 Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20 Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics

Class 21 Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes

Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials

Class 23 Yarns and threads, for textile use

Class 24 Textiles and textile goods, not included in other classes; bed and table covers.

Class 25 Clothing, footwear, headgear

Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers

Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)

Class 28 Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees

Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats

Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice

Class 31 Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt

Class 32 Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages

Class 33 Alcoholic beverages (except beers)

Class 34 Tobacco, smokers’ articles, matches

THE FIFTH SCHEDULE

Scale of costs allowable in Rule 91 proceedings before the Registrar

Entry No.Matter in respect of which costs to be awardedAmount

 

1For one day’s hearing involving examination of witnessesRs.1000
2For one day’s hearing when there is no examination on of witnessesRs. 500
3 For adjournment of hearing granted on the petition of any party. Rs.500 plus cost of resummoning the other parties’ witness who were due to be examined on the day
4For striking out scandalous matter from an affidavit Rs.200
5For attendance of witnesses -Subsistence allowance Traveling allowanceRs.500 (vide not below) fare by rail or steamer second class each way and if there is no rail or steamer communication Rs 5 or 2.50 per km. depending upon the rank and status of the witness.

Note: The rates of subsistence allowance and traveling allowance for witness shall vary according to the status of the witness subject to the maximum prescribed above.

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