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PART II REGISTRATION OF GEOGRAPHICAL INDICATIONS AGENT

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 in Form 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.

 

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