87Power to make rules
(1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the matters to be included in the Register of Geographical Indications under sub-section (1), and the safeguards to be observed in the maintenance of such register in computer floppies or diskettes under sub-section (2) of section 6;
(b) the manner of incorporation of particulars relating to registration of geographical indications in Part A under sub-section (2) and the manner of incorporation of particulars relating to the registration of the authorised users under sub-section (3) of section 7;
(c) the classification of goods and the manner of publication of the alphabetical index of classification of goods and the definite territory or locality or region for the purpose of registration of geographical indications under sub-section (1) of section 8;
(d) the form in which and the manner in which an application for registration of a geographical indication may be made and the fees which may accompany the application under sub-section (1) and the particulars to be made in the statement of producers of goods who proposes to be initially registered with the registration under clause (f) of sub-section (2) of section 11;
(e) the manner of publication of advertisement of accepted application, for registration of geographical indications, etc., under sub-section (1), and the manner of notifying the corrections or amendments made in the application under sub-section (2) of section 13;
(f) the manner in which and the fee which may accompany an application and the manner of giving notice under sub-section (1) and the manner of sending counter statement under sub-section (2) and the manner of submission of evidence and the time therefor under sub-section (4) of section 14;
(g) the form of certificate of registration under sub-section (2) and the manner of giving notice to the applicant under sub-section (3) of section 16;
(h) the manner of applying for registration as an authorised user under sub-section (1) and the manner of submitting statements and documents along with such application and the fee which may accompany such application under sub-section (2) of section 17;
(i) the manner of making application, the time within which such application is to be made and the fee payable with each application, under sub-section (3) and the time within which the Registrar shall send notice and the manner of such notice under sub-section (4) and the form in which and the fee which may accompany an application for renewal to be made under sub-section (5) of section 18;
(j) the manner of making applications under sub-sections (1) and (2), the manner of giving notice under sub-section (4) and the manner of service of notice of rectification under sub-section (5) of section 27;
(k) the manner of making an application for correction, etc., under section 28;
(l) the manner of making an application under sub-section (1), the manner of advertising an application under sub-section (1), the time and manner of notice by which an application may be opposed under sub-sections (2) and (3) of section 29;
(m) the manner of advertisement under sub-section (2) of section 30;
(n) the form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 31;
(o) the form in which an application for rectification shall be made, under sub-section (1)of section 34;
(p) the manner of making an application for review under clause (c) of section 60;
(q) the time within which an application is to be made to the Registrar for exercising his discretionary power under section 61;
(r) the manner of making an application and the fee payable therefore under sub-section (1) of section 64;
(s) the manner of authorising any person to act and the manner of registration of a geographical indications agent under section 76;
(t) the fee and surcharge payable for applications and registrations and other matters under sub-section (1) of section 80;
(u) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Download our fully-offline, High speed android app.- Click here
- 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