Intellectual Property and Technology
The Geographical Indications of Goods (Registration and Protection) Act, 1999
Act 48 of 1999 · 89 sections
Practise questions on Intellectual Property Law
Title, date and preamble
[30th December, 1999.]
An Act to provide for the registration and better protection of geographical indications relating to
goods.
BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:—
Contents
CHAPTER I PRELIMINARY
CHAPTER II 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
CHAPTER III 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
CHAPTER IV EFFECT OF REGISTRATION
CHAPTER V SPECIAL PROVISIONS RELATING TO TRADE MARKS AND PRIOR USERS
CHAPTER VI RECTIFICATION AND CORRECTION OF THE REGISTER
CHAPTER VII APPEALS
CHAPTER VIII OFFENCES, PENALTIES AND PROCEDURE
- 37.Meaning of applying geographical indications
- 37A.Adjudication of penalties
- 37B.Appeal
- 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
CHAPTER IX 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 [High Court] 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.Declarations as to title of geographical indication not registerable 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