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CHAPTER III AUTHORISED USER

 

56. Authorised User.

 

(1) An application to the Registrar for the registration under Section 17 by a producer as an authorised user of the registered geographical indication shall be made jointly by the registered proprietor and the proposed authorised user in Form GI-3 and shall be accompanied by a Statement of Case of how he claims to be the producer of the registered geographical indication along with an affidavit.
(2) A copy of the letter of consent from the registered proprietor of the geographical indication may accompany the application and where such consent letter is not furnished, a copy of the application shall be endorsed to the registered proprietor for information and the Registrar shall be intimated of due service by the proposed authorised user.

 

57.

 

Upon receipt of an application for the registration as an authorised user in respect of a registered geographical indication, the Registrar shall cause it to be examined and shall issue a report.

 

58.

 

Thereupon, the provision of Rule 34 to 52, and 54 and 55 shall apply mutatis mutandis to further proceedings in respect of an application for the registration of an authorised user of a registered geographical indication.

 

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

 

(1) Where no notice of opposition is filed to an application advertised or re-advertised in the Journal within the period specified under sub-clause (e) of sub-section (3) of Section 17 or where an opposition is filed and it is dismissed and the appeal period is over, the Registrar shall enter the authorised user in Part B of the register on receipt of a request for issuance of the registration certificate in Form GI-3 together with the prescribed fee.
(2) The entry of an authorised user in the register shall specify the date of filing of application for registration as an authorised user, the actual date of the registration, the goods and class or classes in respect of which it is registered, and all particulars required by sub-section (1) of section 6 including:-
(a) The address of the principal place of business in India, if any, of the registered proprietor of the geographical indication,
(b) Particulars of the geographical indication registered including the specification of goods and the class in which it is registered.
(c) The address of the principal place of business in India, if any, of the authorised user.
(d) Where the authorised user of a registered geographical indication has no place of business in India his address for service in India as entered in the application for registration together with his address in his home country.
(e) Particulars of the trade, business, profession, occupation, dealership or other description of the authorised user of the geographical indication as entered in the application for registration.
(f) The priority date, if any, to be accorded pursuant to a convention application made under section 84 and;
(g) The appropriate office of Geographical Indications Registry in relation to the geographical indication.
(3) The Registrar may issue a duplicate or further copies of the certificate of registration as an authorised user on a request in Form GI-7 accompanied by prescribed fee. An unmounted representation of the geographical indication exactly as shown in the form of application for registration thereof at the timeof registration shall accompany such request.

 

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