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Geographical Indications of Goods (Registration and Protection) Act
An Act to provide for the registration and better protection of geographical indications relating to goods.
| Act Id | 199948 |
| Act Number | 48 |
| Enactment Date | 1999-12-30 |
| Act Year | 1999 |
| Ministry | Ministry of Commerce and Industry |
| Enforcement Date | 15-09-2003 |
- PRELIMINARY
- THE REGISTER AND CONDITIONS FOR REGISTRATION
- 3 Registrar of Geographical Indications
- 4 Power of Registrar to withdraw or transfer cases, etc
- 5 Geographical Indications Registry and offices thereof
- 6 Register of Geographical Indications
- 7 Part A and Part B of the register
- 8 Registration to be in respect of particular goods and area
- 9 Prohibition of registration of certain geographical indications
- 10 Registration of homonymous geographical indications
- PROCEDURE FOR AND DURATION OF REGISTRATION
- 11 Application for registration
- 12 Withdrawal of acceptance
- 13 Advertisement of application
- 14 Opposition to registration
- 15 Correction and amendment
- 16 Registration
- 17 Application for registration as authorised user
- 18 Duration, renewal, removal and restoration of registration
- 19 Effect of removal from register for failure to pay fee for renewal
- EFFECT OF REGISTRATION
- SPECIAL, PROVISIONS RELATING TO TRADE MARK AND PRIOR USERS
- RECTIFICATION AND CORRECTION OF THE REGISTER
- APPEALS TO THE APPELLATE BOARD
- OFFENCES, PENALTIES AND PROCEDURE
- 37 Meaning of applying geographical indications
- 38 Falsifying and falsely applying geographical indications
- 39 Penalty for applying false geographical indications
- 40 Penalty for selling goods to which false geographical indication is applied
- 41 Enhanced penalty on second or subsequent conviction
- 42 Penalty for falsely representing a geographical indication as registered
- 43 Penalty for improperly describing a place of business as connected with the Geographical Indications Registry
- 44 Penalty for falsification of entries in the register
- 45 No offence in certain cases
- 46 Forfeiture of goods
- 47 Exemption of certain persons employed in ordinary course of business
- 48 Procedure where invalidity of registration is pleaded by the accused
- 49 Offences by companies
- 50 Cognizance of certain offences and the powers of police officer for search and seizure
- 51 Costs of defence of prosecution
- 52 Limitation of prosecution
- 53 Information as to commission of offence
- 54 Punishment for abetement in India of acts done out of India
- MISCELLANEOUS
- 55 Protection of action taken in good faith
- 56 Certain persons to be public servants
- 57 Stay of proceedings where the validity of registration of the geographical indication is questioned etc
- 58 Application for rectification of register to be made to Appellate Board in certain cases
- 59 Implied warranty on sale of indicated goods
- 60 Powers of Registrar
- 61 Exercise of discretionary power by Registrar
- 62 Evidence before Registrar
- 63 Death of party to a proceeding
- 64 Extension of time
- 65 Abandonment
- 66 Suit for infringement, etc., to be instituted before district court
- 67 Relief in suit for infringement or for passing off
- 68 Authorised user to be impleaded in certain proceedings
- 69 Evidence of entries in register, etc., and things done by the Registrar
- 70 Registrar and other officers not compellable to produce register, etc
- 71 Power to require goods to show indication of origin
- 72 Certificate of validity
- 73 Groundless threats of legal proceedings
- 74 Address for service
- 75 Trade usages, etc., to be taken into consideration
- 76 Agents
- 77 Indexes
- 78 Documents open to public inspection
- 79 Reports of Registrar to be placed before Parliament
- 80 Fees and surcharge
- 81 Savings in respect of certain matters in Chapter VIII
- 82 Declaration as to title of geographical indication not registrable under the Registration Act, 1908
- 83 Government to be bound
- 84 Special provisions relating to applications for registration from citizens of convention countries
- 85 Provision as to reciprocity
- 86 Powers of Central Government to remove difficulties
- 87 Power to make rules
