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THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) RULES, 2002 

BananaIP Counsels > THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) RULES, 2002 

THE GEOGRAPHICAL INDICATIONS OF GOODS RULES, 2002

 

CHAPTER 1 PRELIMINARY

 

1. Short title and commencement

2. Definitions.

3. Principal place of business in India.

4. Appropriate office of the Geographical Indications Registry.

5. Jurisdiction of appropriate office not altered by change in the principal place of business or address for service.

6. Entry of the appropriate office in the Register.

7. Leaving of documents, etc.

8. Documents etc., filed or left not at the appropriate office.

9. Issue of notices, etc:

10. Fees:

11. Forms:

12. Size, etc of documents:

13. Signing of documents:

14. Service of documents:

15. Particulars of address etc. of applicants and other persons:

16. Statement of principal place of business in India in an application:

17. Address for service:

18. Address for service in application and opposition proceedings:

19. Non-availability of an address for service:

20. Agency:

21. Classification of goods:

22. Request to Registrar for search:

 

CHAPTER II PROCEDURE FOR REGISTRATION OF GEOGRAPHICAL INDICATIONS

 

23. Form and signing of application.

24. Application under convention arrangement.

25. Statement of user in applications.

26. Representation of Geographical Indication.

27. Additional representations.

28. Representations to be durable and satisfactory.

29. Transliteration and translation .

30. Name or description of goods on a Geographical Indication.

31. Deficiencies .

 

PROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION OF AGEOGRAPHICAL INDICATION

 

32. (1). Content of application.

32. (2). Acknowledgement of receipt of applications.

33. Examination of application.

34. Objection to acceptance-Hearing.

35. Decision of Registrar.

36. Correction and amendment of application.

37. Withdrawal of acceptance by the Registrar.

ADVERTISEMENT OF APPLICATION

 

38. Manner of Advertisement.

39. Notification of correction or amendment of application.

40. Request to Registrar for particulars of advertisement of a Geographical Indication.

 

OPPOSITION TO REGISTRATION

 

41. Notice of Opposition.

42. Verification of Notice of Opposition

43. Counterstatement.

44. Evidence in support of opposition by the opponents.

45. Evidence in support of application by the applicant.

46. Evidence in reply by opponent.

47. Further evidence.

48. Exhibits.

49. Translation of documents.

50. Hearing and decision.

51. Security for costs.

NOTICE OF NON-COMPLETION OF REGISTRATION

 

52. Procedure for giving notice.

53. Entry in the Register.

54. Death of applicant before registration.

55. Certificate of registration.

 

CHAPTER III AUTHORISED USER

 

56. Authorised User.

57.

58.

59. Registration of an authorised user entry in the Register.

 

CHAPTER IV RENEWAL OF REGISTRATION AND RESTORATION

 

60. Renewal of registration.

61. Notice before removal of Geographical Indication or authorised user from register.

62. Advertisement of removal of geographical indication or the authorised user from the register.-

63. Restoration and renewal of registration.

64. Notice and advertisement of renewal and restoration.

 

CHAPTER V RECTIFICATION AND CORRECTION OF REGISTER (ALTERATION OR RECTIFICATION OF REGISTER)

 

65. Application to rectify or remove a geographical indication from the register.

66. Further procedure.

67. Intervention by third parties.

68. Rectification of the register by the Registrar of his own motion.

 

ALTERATION OF ADDRESS

 

69. Alteration of address in register.

 

CORRECTION OF REGISTER

 

70. Application under Section 28.

71. Alteration of registered Geographical Indication.

72. Advertisement before decision and opposition etc .

73. Decision – Advertisement – Notification.

 

CHAPTER VI SPECIAL PROVISIONS RELATING TO TRADEMARKS

 

74. Refusal or Invalidation of Registration of Trademarks.

75. Refusal or Invalidation of Registered Trademark Conflicting with a geographical indication notified under Section 22(2).

76. Publication of refusal or invalidation of Geographical indications.

 

CHAPTER VII PROCEDURE RELATING TO ADDITIONAL PROTECTION TO CERTAIN GOODS UNDER SECTION 22(2) OF GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999

 

77. Additional protection to certain goods.

78.

79. Consideration by the Registrar

80. Hearing before refusing an application.

81. Entry in the Register.

 

CHAPTER VIII MISCELLANEOUS

 

82. (A) Single application.

82. (B) Divisional Application.

83. Extension of time.

84. Exercise of discretionary power of Registrar.

85. Notification of decision.

86. Amendments and correction of irregularity in procedure.

87. Directions not otherwise prescribed.

88. Hearings.

 

AWARD OF COSTS BY REGISTRAR

 

89. Costs in uncontested cases.

90. Exception to rule 89.

91. Scale of costs.

 

REVIEW OF DECISION BY REGISTRAR

 

92. Application for review of Registrar’s decision.

 

AFFIDAVITS

 

93. Form, etc. of Affidavits.

 

INSPECTION OF DOCUMENTS BY THE PUBLIC

 

94. Inspection of documents.

95. Distribution of copies of Journal and other documents.

 

CERTIFICATES

 

96. Certified copies of documents.

97. Certificate for use in obtaining registration abroad.

 

APPEALS TO THE INTELLECTUAL PROPERTY APPELLATE BOARD

 

98. Time for appeal.

 

CERTIFICATE OF VALIDITY

 

99. Certificate of validity to be noted.

 

RETURN OF EXHIBITS AND DESTRUCTION OF RECORDS.

 

100. Return of exhibits.

101. Destruction of records.

 

PART II REGISTRATION OF GEOGRAPHICAL INDICATIONS AGENT

 

102. Register of Geographical Indications Agent.

103. Registration of existing registered trade marks agent.

104. Qualifications for registration.

105. Persons debarred from registration.

106. Manner of making application.

107. Application for registration as a geographical indications agent.

108. Procedure on application and qualifying requirements.

109. Certificate of registration.

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

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

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

113. Restoration of removed names.

114. Alteration in the Register of Geographical Indications Agents.

115. Publication of the Register of Geographical Indications Agents.

116. Appeal.

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