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

BananaIP Counsels > THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) RULES, 2002  > CHAPTER V RECTIFICATION AND CORRECTION OF REGISTER (ALTERATION OR RECTIFICATION OF REGISTER)

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

 

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

 

An application to the Registrar under Section 27 for the cancelling, expunging or varying of any entry relating to a geographical indication or of the Statement of Case referred to under rule 32(1) recorded in the Register of Geographical Indication or an authorised user in the register shall be made in triplicate on Form GI-6 or Form GI-5, as the case may be, shall be accompanied by a statement in triplicate setting out fully the nature of the applicant’s interest, the facts upon which he bases his case and the relief which he seeks. Where the application is made by a person who is not the registered proprietor of the geographical indication in question, the application and the statement aforesaid shall be left at the Geographical Indications Registry in triplicate. In case there are authorised users, such application and statements shall be accompanied by as many copies thereof as there are authorised users on the register or alternatively furnish proof of publication in leading national newspapers circulated widely in the definite territory, region or locality to which the geographical indication relates notifying to the general public of proposed application for rectification or removal with full particulars thereof. A copy each of the application and statement shall be transmitted within two months by the Registrar to the registered proprietor and to any other person who appears from the register to have an interest in the geographical indication or makes a request for the same. The application shall be verified in the manner prescribed under Rule 42 for verification of notice of opposition.

 

66. Further procedure.

 

Within two months or within such further period not exceeding two months in the aggregate from the receipt by a registered proprietor of the copy of the application mentioned in rule 65 from the Registrar, he shall send to the Registrar and to the person making the application on Form GI-2 a counterstatement in triplicate of the grounds on which the application is contested. The Registrar shall serve a copy of the counterstatement on the person making the application within one month of the receipt of the same. The provisions of rules 44 to 51 shall thereafter apply mutatis mutandis to the further proceedings on the application. The Registrar shall not, however, rectify the register or remove the geographical indication or any authorised user from the register merely because the registered proprietor or the authorised user has not filed a counterstatement unless he is satisfied that the delay in filing the counterstatement is wilful and is not justified by the circumstance of the case. In any case of doubt any party may apply to the Registrar for directions.

 

67. Intervention by third parties.

 

Any person alleging interest in a registered geographical indication in respect of which an application is made under rule 65 may apply on Form GI-6 for leave to intervene, stating the nature of his interest, and the Registrar may refuse or grant such leave after hearing if so required the parties concerned, upon such terms and conditions including undertakings or conditions as to security for cost as he may deem fit to impose.

 

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

 

(1) The notice, which the Registrar is required be give under sub-section (4) of section 27 shall be sent in writing to the registered proprietor and to any other person who appears from the register to have any interest in the registered geographical indication, and shall state the grounds on which the Registrar proposes to rectify the register and shall also specify the time, not being less than one month from the date of such notice, within which an application for a hearing shall be made.
(2) Unless within the time specified in the notice aforesaid, any person so notified sends to the Registrar a statement in writing setting out fully the facts upon which he relies to meet the grounds stated in the notice or applies for a hearing, he may be treated as not desiring to take part in the proceedings and the Registrar may act accordingly.
(3) If the Registrar decides to rectify the register he shall communicate his decision in writing.

 

ALTERATION OF ADDRESS

 

69. Alteration of address in register.

 

(1) A registered proprietor or an authorised user of a geographical indication the address of whose principal place of business in India or whose address in his home country, as the case may be, is changed so that the entry in the register is rendered incorrect shall forthwith request the Registrar on Form GI-5 to make the appropriate alteration of the address in the register, and the Registrar shall alter the register accordingly if he is satisfied in the matter.
(2) A registered proprietor or an authorised user of a geographical indication, whose address for service in India entered in the register is changed, whether by discontinuance of the entered address or otherwise, so that the entry in the register is rendered incorrect, shall forthwith request the Registrar on Form GI -5 to make the appropriate alteration of the address in the Register, and the Registrar shall alter the register accordingly if he is satisfied in the matter.
(3) A registered proprietor or an authorised user of a geographical indication the address of whose principal place of business in India or whose address for service in India is altered by a public authority, so that the changed address designates the same premises as entered in the register, may make the aforesaid request to the Registrar on Form GI-5 and if he does so he shall leave therewith a certificate of the alteration given by the said authority. If the Registrar is satisfied as to the facts of the case, he shall alter the register accordingly but shall not require any fees to be paid on the forms, notwithstanding the provisions of sub-rule (2) of rule 10 or sub-rule (2) of rule 11.
(4) (i) Where a registered proprietor makes a request under sub-rule (1), (2) or (3), he shall serve a copy of the request on the authorised user or users, if any, and inform the Registrar accordingly.
(ii) where the request aforesaid is made by an authorised user, he shall serve a copy thereof on the registered proprietor and other authorised users, if any or alternatively issue a public notice in at least two leading local newspapers circulated widely in the definite territory, region or locality to which geographical indication relates or issue a public notice in at least two leading local newspapers and inform the Registrar that he had done so.
(5) In case of the alteration of the address of a person entered in the register as the address for service in India of more than one registered proprietor or authorised users of Geographical Indications, the Registrar may, on proof that the said address is the address of the applicant and if satisfied that it is just to do so, accept an application from that person on Form GI-5 amended so as to suit the case, for the appropriate alteration of the entries of his address as the address for service in the several registrations, particulars of which shall be given in the form and may alter the entries accordingly.
(6) All applications under this rule shall be signed by the registered proprietor or the authorised user, as the case may be, or by an agent expressly authorised by him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.

 

CORRECTION OF REGISTER

 

70. Application under Section 28.

 

Where an application has been made under Sub-section (1) of section 28 for the alteration of the register by correction, change, cancellation or striking out of goods or for the entry of a memorandum in the register, the Registrar may require the applicant to furnish such evidence by affidavit or otherwise as the registrar may think fit, as to the circumstances in which the application is made. Such application shall be made on Form GI-5 as may be appropriate and a copy thereof shall be served by the applicant on the authorised user or users, if any or issue a public notice in at least two leading local newspapers under the registration of the geographical indication in question and to any other person who appears from the register to have an interest in the geographical indication and inform the Registrar he has done so.
71. Alteration of registered Geographical Indication.
Where the registered proprietor of a geographical indication applies under section 29 for leave to add to or alter the registered geographical indication , he shall make the application in writing on Form GI-9 and shall furnish five copies of the geographical indication as it will appear when so added to or altered. A copy of the application and of the geographical indication so amended or altered shall be served by the applicant on every authorised users on the record or issue a public notice in at least two leading local newspapers and inform the Registrar he has done so.

 

72. Advertisement before decision and opposition etc .

 

(1) The Registrar shall consider the application and shall, advertise the application in the Journal before deciding it.
(2) Within three months from the date of advertisement under sub-rule (1), or within such period not exceeding one month in the aggregate any person may give notice of opposition to the application on Form GI-2 and may also send therewith a statement of his objections. The notice and the statement, if any, shall be sent in triplicate. In case there are any authorised users under the registration of the geographical indication in question, such notice and statement may also be accompanied by as many copies thereof as there are authorised users. A copy each of the notice and statement shall be transmitted by the person giving notice to registered proprietor and authorised user if any or alternatively issue a public notice in at least two leading local newspapers circulated widely in the definite territory, region or locality to which the geographical indication relates. The Registrar shall forward within two months a copy of the notice and statement to the registered proprietor and within two months from the receipt by the registered proprietor of such copies from the Registrar, he shall send to the Registrar on Form GI-2 a counter- statement in triplicate of the grounds on which the opposition is contested. If the registered proprietor sends such a counter statement the Registrar shall serve a copy thereof on the person giving notice of opposition within one month and the provisions of rules 44 to 51 shall thereafter apply mutatis mutandis to the further proceedings on the opposition. The Registrar shall not refuse the application merely because the registered proprietor has not filed a counterstatement unless he is satisfied that the delay in filing the counterstatement is wilful and is not justified by the circumstance of the case. In any case of doubt any party may apply to the Registrar for directions.
(3) If there is no opposition, within the time specified in sub-rule(2), the Registrar shall, after hearing the applicant if he so desires allow or refuse the application and shall communicate his decision in writing to the applicant.

 

73. Decision – Advertisement – Notification.

 

If the Registrar decides to allow the application he shall alter the geographical indication in the register accordingly and insert in the Journal a notification that the geographical indication has been altered. If the application has not been advertised under rule 71, he shall also advertise in the Journal the geographical indications as altered.

 

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