37Meaning of applying geographical indications
(1) A person shall be deemed to apply a geographical indication to goods who--
(a) applies it to the goods themselves; or
(b) applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture; or
(c) places, encloses or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a geographical indication has been applied; or
(d) uses a geographical indication in any manner reasonably likely to lead to the belief that the goods in connection with which it is used are designated or described by that geographical indication; or
(e) in relation to the goods uses a geographical indication in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial documents and goods are delivered to a person in pursuance of a request or order made by reference to the geographical indication as so used.
(2) A geographical indication shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.
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- 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