GEOGRAPHICAL
INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 (Amended Upto
2023)
[Act, No. 48 of 1999]
PREAMBLE
An Act to provide for the registration and
better protection of geographical indications relating to goods.
CHAPTER
I PRELIMINARY
Section 1 - Short title, extent and
commencement
(1)
This Act may be
called the Geographical Indications of Goods (Registration and Protection) Act,
1999.
Section 2 - Definitions and
interpretation
(1)
In this Act,
unless the context otherwise requires,
(a)
[***][2]
(b)
"authorised
user" means the authorised user of a geographical indication registered
under section 17;
(g)
"indication"
includes any name, geographical or figurative representation or any combination
of them conveying or suggesting the geographical origin of goods to which it
applies;
(h)
"name"
includes any abbreviation of a name;
(i)
"package"
includes any case, box, container, covering, folder, receptacle, vessel,
casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid,
stopper and cork;
(j)
"prescribed"
means prescribed by rules made under this Act;
(k)
"producer"
in relation to goods, means any person who,
(i)
if such goods
are agricultural goods, produces the goods and includes the person who
processes or packages such goods;
(m)
"registered"
(with its grammatical variations) means registered under this Act;
(n)
"registered
proprietor", in relation to a geographical indication, means any
association of persons or of producer or any organisation for the time being
entered in the register as proprietor of the geographical indication;
(o)
"Registrar"
means the Registrar of Geographical Indications referred to in section 3;
(p)
[***][3]
(3)
In this Act,
unless the context otherwise requires, any reference
(a)
to the use of a
geographical indication shall be construed as a reference to the use of printed
or other visual representation of the geographical indication;
Section 3 - Registrar of
Geographical Indications
(1)
The
Controller-General of Patents, Designs and Trade Marks appointed under
sub-section (1) of section 3 of the Trade Marks Act, 1999,
shall be the Registrar of Geographical Indications.
Section 4 - Power of Registrar to withdraw or transfer cases, etc
Without prejudice to the generality of the
provisions of sub-section (2) of section 3, the Registrar may, by order in
writing and for reasons to be recorded therein, withdraw any mailer pending
before an officer appointed under the said sub-section (2) and deal with such
matter himself either de novo or from the stage it was so withdrawn or transfer
the same to another officer so appointed who may, subject to special directions
in the order of transfer, proceed with the matter either de novo or from the
stage it was so transferred.
Section 5 - Geographical Indications Registry and offices thereof
(1)
For the purpose
of this Act, there shall be established a Registry which shall be known as the
Geographical Indications Registry.[4]
(3)
The Central
Government may, by notification in the Official Gazette, define the territorial
limits within which an office of the Geographical Indications Registry may
exercise its functions.
Section 6 - Register of Geographical
Indications
(1)
For the
purposes of this Act, a record called the Register of Geographical Indications
shall be kept at the head office of the Geographical Indications Registry,
wherein shall be entered all registered geographical indications with the
names, addresses and descriptions of the proprietors, the names, addresses and
descriptions of authorised user and such other matters relating to registered
geographical indications as may be prescribed and such registers may be
maintained wholly or partly on computer.
Section 7 - Part A and Part B of
the register
(1)
The register
referred to in section 6 shall be divided into two Parts called respectively
Part A and Part B.
Section 8 - Registration to be
in respect of particular goods and area
(1)
A geographical
indication may be registered in respect of any or all of the goods, comprised
in such class of goods as may be classified by the Registrar and in respect of
a definite territory of a country, or a region or locality in that territory,
as the case may be.
Section 9 - Prohibition of
registration of certain geographical indications
A geographical indication
(a)
the use of
which would be likely to deceive or cause confusion; or
Section 10 - Registration of
homonymous geographical indications
Subject to the
provisions of section 7, a homonymous geographical indication may be registered
under this Act, if the Registrar is satisfied, after considering the practical
conditions under which the homonymous indication in question shall be
differentiated from other homonymous indication and the need to ensure
equitable treatment of the producers of the goods concerned, that the consumers
of such goods shall not be confused or misled in consequence of such
registration.
Section 11 - Application for registration
(1)
(a)
a statement as
to how the geographical indication serves to designate the goods as originating
from the concerned territory of the country or region or locality in the
country, as the case may be, in respect of specific quality, reputation or
other characteristics of which are due exclusively or essentially to the
geographical environment, with its inherent natural and human factors, and the
production, processing or preparation of which takes place in such territory,
region or locality, the case may be;
(4)
Every
application under sub-section (1) shall be filed in the office of the
Geographical Indications Registry within whose territorial limits, the
territory of the country or the region or locality in the country to which the
geographical indication relates is situated:
(6)
Subject to the
provisions of this Act, the Registrar may refuse the application or may accept
it absolutely or subject to such amendments, modification, conditions or
limitations, if any, as he thinks fit.
(7)
In the case of
refusal or conditional acceptance of application, the Registrar shall record in
writing the grounds for such refusal or conditional acceptance and the
materials used by him in arriving at his decision.
Section 12 - Withdrawal of
acceptance
Where, after the acceptance of an application for registration of a
geographical indication but before its registration, the Registrar is
satisfied,
(a)
that the
application has been accepted in error, or
Section 13 - Advertisement of
application
(1)
When an
application for registration of a geographical indication has been accepted,
whether absolutely or subject to conditions or limitations, the Registrar
shall, as soon as may be after acceptance, cause the application as accepted
together with the condition or limitations, if any, subject to which it has
been accepted, to be advertised in such manner as may be prescribed.
(a)
an error in the
application has been corrected; or
Section 14 - Opposition to
registration
(1)
Any person may,
within three months from the date of advertisement or re-advertisement of an
application for registration or within such further period, not exceeding one
month, in the aggregate, as the Registrar, on application made to him in such
manner and on payment of such fee as may be prescribed allows, give notice in
writing in the prescribed manner to the Registrar, of opposition to the
registration.
Section 15 - Correction and
amendment
Section 16 - Registration
(1)
Subject to the
provisions of section 12, when an application for registration of a
geographical indication has been accepted and either
(a)
the application
has not been opposed and the time for notice of opposition has expired; or
Section 17 - Application for
registration as authorised user
(1)
Any person
claiming to be the producer of the goods in respect of which a geographical
indication has been registered under section 6 may apply in writing to the
Registrar in the prescribed manner for registering him as an authorised user of
such geographical indication.
(a)
the filing and
examination of the application;
Section 18 - Duration, renewal,
removal and restoration of registration
(1)
The
registration of a geographical indication shall be for a period of ten years,
but may be renewed from time to time in accordance with the provisions of this
section.
Section 19 - Effect of removal
from register for failure to pay fee for renewal
Where a geographical indication has been removed from the register for
failure to pay the fee for renewal, it shall nevertheless, for the purpose of
any application for the registration of another geographical indication during
one year, next after the date of removal, be deemed to be a geographical
indication already on the register, unless the [Registrar or the
High Court, as the case may be,][6] is satisfied either
(a)
that there has
been no bond fide trade use of the geographical indication which has been removed
within the two years immediately preceding its removal; or
Section 20 - No action for infringement of
unregistered geographical indication
(1)
No person shall
be entitled to institute any proceeding to prevent, or to recover damages for,
the infringement of an unregistered geographical indication.
Section 21 - Rights conferred by
registration
(1)
Subject to the
other provisions of this Act, the registration of a geographical indication
shall, if valid, give.
(a)
to the
registered proprietor of the geographical indication and the authorised user or
users thereof to obtain relief in respect of infringement of the geographical
indication in the manner provided by this Act;
(3)
Where two or
more persons are authorised users of geographical indications, which are
identical with or nearly resemble each other, the exclusive right to the use of
any of those geographical indications shall not (except so far as their
respective rights are subject to any conditions or limitations entered on the
register) be deemed to have been acquired by anyone of those persons as against
any other of those persons merely by registration of the geographical
indications, but each of those persons has otherwise the same rights as against
other persons as he would have if he were the sole authorised user.
Section 22 - Infringement or
registered geographical indications
(1)
(a)
uses such
geographical indication by any means in the designations or presentation of
goods that indicates or suggests that such goods originate in a geographical
area other than the true place of origin of such goods in a manner which
misleads the persons as to the geographical origin of such goods; or
(i)
all acts of
such a nature as to create confusion by any means whatsoever with the
establishment, the goods or the industrial or commercial activities, of a
competitor;
Section 23 - Registration to be
prima facie evidence of validity
(1)
In all legal
proceedings relating to a geographical indication, the certificate of
registration granted in this regard by the Registrar under this Act, being a
copy of the entry in the register under the seal of the Geographical
Indications Registry, shall be prima facie evidence of the validity thereof and
be admissible in all courts [before whom][7]
without further proof or
production of the original.
Section 24 - Prohibition of
assignment or transmission, etc
Notwithstanding anything contained in any law for the time being in
force, any right to a registered geographical indication shall not be the
subject matter of assignment, transmission, licensing, pledge, mortgage or any
such other agreement:
Section 25 - Prohibition of registration of
geographical indication as trade mark
Notwithstanding anything contained in the Trade Marks Act, 1999, the Registrar
of Trade marks referred to in sections
3 of that Act, shall, suo moto or at the request
of an interested party, refuse or invalidate the registration of a trade mark
which
(a)
contains or
consists of a geographical indication with respect to the goods or class or
classes of goods not originating in the territory of a country, or a region or
locality in that territory which such geographical indication indicates, if use
of such geographical indications in the trade mark for such goods, is of such a
nature as to confuse or mislead the persons as to the true place of origin of
such goods or class or classes of goods;
Section 26 - Protection to
certain trade marks
(1)
Where a trade
mark contains or consists of a geographical indication and has been applied for
or registered in good faith under the law relating to trade marks for the time
being in force, or where rights to such trade mark have been acquired through
use in good faith either
(a)
before the
commencement of this Act, or
(4) Notwithstanding anything contained in the Trade
Marks Act, 1999 or in this Act, no action in connection with the use or
registration of a trade mark shall be taken after the expiry of five years from
the date on which such use or registration infringes any geographical
indication registered under this Act has become known to the registered proprietor or authorised user registered
in respect of such geographical indication under this Act or after the date of
registration of the trade mark under the said Trade Marks Act subject to the
condition that the trade mark has been published under the provisions of the
said Trade Marks Act, 1999 or the rules made there under by that date, if such
date is earlier than the date on which such infringement became known to such
proprietor or authorised user and such geographical indication is not used or
registered in bad faith.
Section 27 - Power to cancel or vary
registration and to rectify the register
(1)
On application
made in the prescribed manner to the [High Court][8]
or to the Registrar by any
person aggrieved, the [Registrar or the High Court, as the
case may be,][9]
may make such order as it
may think fit for cancelling or varying the registration of a geographical
indication or authorised user on the ground of any contravention, or failure to
observe the condition entered on the register in relation thereto.
Section 28 - Correction of
register
The Registrar may, on application made in the prescribed manner by the
registered proprietor or the authorised user,
(a)
correct any
error in the name, address or description of the registered proprietor or the
authorised user, as the case may be, of a geographical indication, or any other
entry relating to the geographical indication on the register;
Section 29 - Alternation of
registered geographical indications
(1)
The registered
proprietor of a geographical indication may apply in the prescribed manner to
the Registrar for leave to add to or alter the geographical indication in any
manner not substantially affecting the identity thereof, and the Registrar may
refuse leave or may grant it on such terms and subject to such limitations as
he may think fit;
Section 30 - Adaptation of
entries in register to amend or substitute classification of goods
(1) The Registrar shall not make any amendment of the
register which would have the effect of adding any goods or classes of goods to
those in respect of which a geographical indication is registered (whether in
one or more classes) immediately before the amendment is to be made or
antedating the registration or a geographical indication in respect of any
goods:
Section 31 - Appeals to the Appellate Board
(1)
Any person
aggrieved by an order or decision of the Registrar under this Act, or the rules
made there under, may prefer an appeal to the [High Court][16]
within three months from
the date on which the order or decision sought to be appealed against is
communicated to such person preferring the appeal.
Section 32
[***][19]
Section 33
[***][20]
Section 34 - Procedure for
application for notification, etc., before [High Court][21]
(1)
An application for
rectification of the register made to the [High Court][22]
under section 27 shall be
in such form as may be prescribed.
Section 35 - Appearance of
Registrar in legal proceedings
(1)
The Registrar
shall have the right to appear and be heard
(a)
in any legal
proceedings before the [High Court][25]
in which the relief sought
includes alteration or rectification of the register or in which any question
relating to the practice of the Geographical Indications Registry is raised;
(i)
which is not
opposed, and the application is either refused by the Registrar or is accepted
by him subject to any amendments, modifications, conditions or limitations, or
Section 36
[***][27]
Section 37 - Meaning of applying geographical
indications
(1)
A person shall
he deemed to apply a geographical indication to goods who
(a)
applies it to
the goods themselves; or
Section 37A. [Adjudication of penalties.
The
Registrar may, by an order, authorise an officer referred to in section 3, to
be adjudicating officer for holding an inquiry and imposing penalty under the
provisions of this Act, in the manner as may be prescribed, after giving a
reasonable opportunity of being heard.
Section 37B. Appeal.
(1)
Whoever aggrieved by an order of the
adjudicating officer under section 37A may prefer an appeal to the appellate
authority, who shall be an officer at least one rank above the adjudicating
officer, within a period of sixty days from the date of receipt of the order,
as the Central Government may by notification authorise in this behalf.
(2)
Every appeal under this section shall be
preferred in such form and manner as may be prescribed.
(3)
An appeal may be admitted after the expiry of
the period of sixty days if the appellant satisfies the appellate authority
that he had sufficient cause for not preferring the appeal within that period.
(4)
No appeal shall be disposed of unless the
appellant has been given a reasonable opportunity of being heard.
(5)
The appellate authority referred to in
sub-section (1) shall dispose of the appeal within sixty days from the date of
filing.
(6)
Notwithstanding anything contained in this
Act, if the person fails to comply with the order of the adjudicating officer
under section 37A or the order of the appellate authority under this section,
as the case may be, within ninety days of such order, he shall, in addition to
the penalty, be punishable with fine of one lakh rupees or imprisonment for a
term which may extend to one year, or with both.][28]
Section 38 - Falsifying and
falsely applying geographical indications
(1)
A person shall
be deemed to falsify a geographical indication who, either,
(a)
without the
assent of the authorised user of the geographical indication makes that
geographical indication or deceptively similar geographical indication; or
(a)
applies such
geographical indication or a deceptively similar geographical indication to
goods or any package containing goods;
(4)
In any
prosecution for falsifying a geographical indication or falsely applying a
geographical indication to goods, the burden of proving the assent of
proprietor shall lie on the accused.
Section 39 - Penalty for
applying false geographical indications
Any person who,
(a)
falsifies any
geographical indication; or
Section 40 - Penalty for selling
goods to which false geographical indication is applied
Any person who sells, lets for hire or exposes for sale, or hires or has
in his possession for sale, goods or things to which any false geographical
indication is applied or which, being required under section 71 to have applied
to them an indication of the country or place in which they were made or
produced or the name and address of the manufacturer, or person for whom the
goods are manufactured or without the indications so required, shall, unless he
proves,
(a)
that, having
taken all reasonable precautions against committing an offence against this
section, he had at the time of commission of the alleged offence no reason to
suspect the genuineness of the geographical indication or that any offence had
been committed in respect of the goods; or
Section 41 - Enhanced penalty on
second or subsequent conviction
Whoever having already been convicted of an offence under section 39 or
section 40 is again convicted of any such offence shall be punishable for the
second and for every subsequent offence, with imprisonment for a term which
shall not be less than one year but which may extend to three years and with
fine which shall not be less than one lakh rupees but which may extend to two
lakh rupees:
Section 42 - Penalty for falsely
representing a geographical indication as registered
(1)
No person shall make any
representation
(a)
with respect to a
geographical indication, not being a registered geographical indication, the
effect that it is a registered geographical indication; or
(3)
For the purposes of this
section the use in India in relation to a geographical indication of the words
"registered" geographical indication or any other expression, symbol
or sign like "R.G.I." referring whether expressly or impliedly to
registration, shall be deemed to import a reference to registration in the
register, except
(a)
where that word or other
expression, symbol or sign is used in direct association with other words
delineated in characters at least as large as those in which that word or other
expression, symbol or sign is delineated and indicating that the reference to
registration as a geographical indication under the law of a country outside
India being a country under the law of which the registration referred to is in
fact in force; or
Section 43
[***][30]
Section 44
[***][31]
Section 45 - No offence in certain
cases
The
provisions of sections 39, 40 and 41 shall in relation to a registered
geographical indication or authorised user of such geographical indication, be
subject to the rights created or recognised by this Act and no act or omission
shall be deemed to be an offence under the aforesaid sections if.
(a)
the alleged offence relates
to registered geographical indication and the act or omission is permitted
under this Act and
Section 46 - Forfeiture of goods
(1)
Where a person is convicted
of an offence under section 39 or section 40 or section 41 or is acquitted of
an offence under section 39 or section 40 on proof that he acted without intend
or defraud, or under section 40 on proof of the matters specified in section
(a) or section (b) or section (c) or that section, the court convicting or
acquitting him may direct the forfeiture to Government of all goods and things
by means of, or in relation to, which the offence has been committed, or but
for such proof as aforesaid would have been committed.
Section 47 - Exemption of
certain persons employed in ordinary course of business
Where a
person accused of an offence under section 39 proves,
(a)
chat in the ordinary course
of his business he is employed on behalf of other persons to apply geographical
indications, or as the case may be, to make dies, blocks, machines, plates, or
other instruments for making, or being used in making, geographical
indications;
Section 48 - Procedure where
invalidity of registration is pleaded by the accused
(1)
Where the offence charged
under section 39 or section 40 or section 41 is in relation to a register
geographical indication and the accused pleads that the registration of the
geographical indication is invalid, the following procedure shall be followed:
(a)
if the court is satisfied
that such defence is prima facie tenable, it shall not proceed with the charge
but shall adjourn the proceeding for three months from the date on which the
plea of the accused is recorded to enable the accused to file an application
before the [High Court][32] under this Act, for the rectification of the register on the ground that
the registration is invalid;
Section 49 - Offences by
companies
(1) If the person committing an offence under this Act is a company, the
company as well as every person in charge of, and responsible to, the company
for the conduct of its business at the time of the commission of the offence
shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly;
(a)
"company" means
any body corporate and includes a firm or other association of individuals; and
Section 50 - Cognizance of
certain offences and the powers of police officer for search and seizure
(1) No court shall take cognizance of an offence under section 42 or section
43 or section 44 except on complaint in writing made by the Registrar or any
officer authorised by him in writing:
(3)
The offences under section
39 or section 40 or section 41 shall be cognizable.
(4)
Any police officer not
below the rank of deputy superintendent of police or equivalent, may, if he
satisfied that any of the offences referred to in sub-section (3) has been, is
being, or is likely to be, committed, search and seizure without warrant the
goods, die, block, "machine, plate, other instruments or things involved
in committing the offence, wherever found, and all the articles so seized
shall, as soon as practicable, be produced before the Judicial Magistrate of
the first class or Metropolitan Magistrate, as the case may be:
Section 51 - Costs of defence of
prosecution
In any prosecution under
this Act, the court may order such costs to be paid by the accused to the
complainant, or by the Complainant to the accused, as the court deemed
reasonable having regard to all the circumstances of the case and the conduct
of the parties and the costs so awarded shall be recoverable as if they were a
fine.
Section 52 - Limitation of
prosecution
No prosecution for an offence under this Act
shall be commenced after the expiration of three years next after the
commission of the offence charged or two years after the discovery thereof by
the prosecutor, whichever expiration first happens.
Section 53 - Information as to
commission of offence
An officer of the
Government whose duty it is to take pan in the enforcement of the provisions of
this Chapter shall not be compelled in any court to say whence he got any
information as to the commission of any offence against this Act.
Section 54 - Punishment for
abetment in India of acts done out of India
If any person, being within
India, abets the commission, without India, of any act which, if committed in
India, would, under this Act, be an offence, he may be tried for such abatement
in any place in India in which he may be found, and be punished therefore with
the punishment to which he would be liable if he had himself committed in that
place the act which he abetted.
Section 55 - Protection of action taken in
good faith
No suit or other legal
proceedings shall lie against any person in respect of anything which is in
good faith done or intended to be done in pursuance of this Act.
Section 56 - Certain persons to
be public servants
Every person appointed
under this Act shall be deemed to be a public servant within the meaning
of section 21 of the Indian Penal Code (45 of 1860).
Section 57 - Stay of proceedings
where the validity of registration of the geographical indication is
questioned, etc
(1)
Where in any suit for
infringement of a geographical indication the defendant pleads that
registration of the geographical indication relating to plaintiff is invalid,
the court trying the suit (hereinafter referred to as the court), shall,
(a)
if any proceedings for
rectification of the register to the geographical indication relating to
plaintiff or defendant are pending before the Registrar or the [High
Court][35], stay the suit pending the final disposal of such proceedings;
(3)
If no such application as
aforesaid has been made within the time so specified or within such extended
time as the court may allow, the issue as to the validity of the registration
of the geographical indication concerned shall be deemed to have been abandoned
and the court shall proceed with the suit in regard to the other issues in the
case.
(4)
The final order made in any
rectification proceedings referred to in sub-section (1) or sub-section (2)
shall be binding upon the parties and the court shall dispose of the suit
conformably to such order in so far as it relates to the issue as to the
validity of the registration of the geographical indication.
(5)
The stay of a suit for the
infringement of a geographical indication under this section shall not preclude
the court from making any interlocutory order (including any order granting an
injunction, directing account to be kept, appointing a receiver or attaching
any properly), during the period of the stay of the suit.
Section 58 - Application for
rectification of register to be made to [High Court][37]
in certain cases
(1)
Where in a suit for
infringement of a registered geographical indication the validity of the
registration of the geographical indication relating to plaintiff is questioned
by the defendant or where in any such suit the plaintiff questions the validity
of the registration of the geographical indication relating to defendant, the
issue as to the validity of the registration of the geographical indication
concerned shall be determined only on an application for the rectification of
the register and, notwithstanding anything contained in section 27, such
application shall be made to the [High
Court][38]
and not to the Registrar.
Section 59 - Implied warranty on
sale of indicated goods
Where a geographical
indication has been applied to the goods on sale or in the contract for sale of
any goods, the seller shall be deemed to warrant that the geographical
indication is a genuine geographical indication and not falsely applied, unless
the contrary is expressed in writing signed by or on behalf of the seller and
delivered at the time of the sale of goods on contract to and accepted by the
buyer.
Section 60 - Powers of Registrar
In all
proceedings under this Act before the Registrar,
(a)
the Registrar shall have
all the powers of a civil court for the purposes of receiving evidence,
administering oaths, enforcing the attendance of witnesses, compelling the
discovery and production of documents and issuing commissions for the
examination of witnesses;
Section 61 - Exercise of
discretionary power by Registrar
Subject to the provisions
of section 64, the Registrar shall not exercise any discretionary or other
power vested in him by this Act or the rules made thereunder adversely to a
person applying for the exercise of that power without (if so required by that
person within the prescribed time) giving to the person an opportunity of being
heard.
Section 62 - Evidence before
Registrar
In any
proceeding under this Act before the Registrar, evidence shall be given by
affidavit:
Section 63 - Death of party to a
proceeding
If a person who is a party
to a proceeding under this Act (not being a proceeding ***[40]
or a court) dies pending the proceeding, the Registrar may, on request, and on
proof to his satisfaction of the transmission of the interest of the deceased
person, substitute in the proceeding his successor in interest in his place,
or, if the Registrar is of opinion that the interest of the deceased person is
sufficiently represented by the surviving parties, permit the proceeding to
continue without the substitution of his successor in interest.
Section 64 - Extension of time
(1)
If the Registrar is
satisfied, on application made to him in the prescribed manner and accompanied
by the prescribed fee, that there is sufficient cause for extending the time
for doing any act (not being a time expressly provided in the Act), whether the
time so specified has expired or not, he may, subject to such conditions as he
may think fit to impose, extend the time and inform the parties accordingly.
Section 65 - Abandonment
Where, in the opinion of
the Registrar, an applicant is in default in the prosecution of an application
filed under this Act, the Registrar may, by notice require the applicant to
remedy the default within a time specified and after giving him, if so,
desired, an opportunity of being heard, treat the application as abandoned,
unless the default is remedied within the time specified in the notice.
Section 66 - Suit for
infringement, etc., to be instituted before district court
(1)
No suit,
(a)
for the infringement of a
registered geographical indication; or
Section 67 - Relief in suit for
infringement or for passing off
(1)
The relief which a court
may grant in any suit for infringement or for passing off referred to in
section 66 includes injunction (subject to such terms, if any, as the court
thinks fit) and at the option of the plaintiff, either damages or account of
profits, together with or without any order for the delivery-up of the
infringing labels and indications for destruction or erasure.
(a)
for discovery of documents;
(a)
where in a suit for
infringement the defendant satisfies the court
(i)
that at the time he
commenced to use the geographical indication complained of in the suit he was
unaware and had no reasonable ground for believing that the geographical
indication of the plaintiff was on the register; and
(i)
that at the time he
commenced to use the geographical indication complained of in the suit he was
unaware and had no reasonable ground for believing that the geographical
indication relating to the plaintiff was in use; and
Section 68 - Authorised user to
be impleaded in certain proceedings
(1)
In every proceeding under
Chapter VI or under section 31, every authorised user of a geographical
indication to which such proceedings relate, who is not himself an applicant in
respect of any proceeding under that Chapter or section, shall be made a party
to the proceeding.
Section 69 - Evidence of entries
to register, etc., and things done by the Registrar
(1)
A copy of any entry in the
register or of any document referred to in sub-section (1) of section 78
purporting to be certified by the Registrar and sealed with the seal of the
Geographical Indications Registry shall be admitted in evidence in all courts
and in all proceedings without further proof or production of the original.
Section 70 - Registrar and other
officers not compellable to produce register, etc
The Registrar or any
officer of the Geographical Indications Registry shall not, in any legal
proceedings to which he is not a party, be compellable to produce the register
or any other document in his custody, the contents of which can be proved by
the production of a certified copy issued under this Act or to appear as a
witness to prove the matters therein recorded unless by order of the court made
for special cause.
Section 71 - Power to require
goods to show indication of origin
(1)
The Central Government may,
by notification in the Official Gazette, require that goods of any class
specified in the notification which are made or produced beyond limits of India
and imported into India, or, which are made or produced within the limits of
India, shall, from such date as may be appointed by the notification not being
less than three months from its issue, have applied to them an indication of
the country or place in which they were made or produced, or of the name and
address of the manufacturer or the person for whom the goods were manufactured.
Section 72 - Certificate of
validity
If in any legal proceedings
for rectification of the register before the [High Court][41]
a decision is on contest given in favour of
the registered proprietor, or, as the case may be, authorised user of the
geographical indication on the issue as to the validity of the registration of
the geographical indication or the authorised user, the [High
Court][42]
may grant a certificate to that effect, and
if such a certificate is granted, then, in any subsequent legal proceeding in
which the said validity comes into question the said proprietor or the
authorised user, as the case may be, on obtaining a final order or judgment in
his favour affirming validity of the registration of the geographical
indication or the authorised user, as the case may be, shall unless the said
final order or judgment for sufficient reason directs otherwise, be entitled to
his full cost charges and expenses as between legal practitioner and client.
Section 73 - Groundless threats
of legal proceedings
(1)
Where a person, by means of
circulars, advertisements or otherwise, threatens a person with an action or
proceedings for infringement of a geographical indication which is registered,
or alleged by the first-mentioned person to be registered, or with some other
like proceeding, a person aggrieved may, whether the person making the threats
is or is not the registered proprietor or the authorised user of the
geographical indication, bring, a suit against the first-mentioned person and
may obtain a declaration to the effect that the threats arc unjustifiable, and
an injunction against the continuance of the threats and may recover such
damages (if any) as he has sustained, unless the first mentioned person
satisfies the court that the geographical indication is registered and that the
acts in respect of which the proceedings where threatened, constituted, or, if
done, would constitute, an infringement of the geographical indication.
Section 74 - Address for service
An address for service
stated in an application or notice of opposition shall, for the purposes of the
application or notice of opposition be deemed to be the address of the
applicant or opponent, as the case may be, and all documents in relation to the
application or notice of opposition may be served by leaving them at or sending
them by post to the address for service of the applicant or opponent, as the
case may be.
Section 75 - Trade usages, etc.,
to be taken into consideration
In any proceeding relating
to a geographical indication, the [Registrar or the High Court, as the case may be,][43]
shall admit evidence of the usages of the
trade concerned and of any relevant geographical indication legitimately used
by other persons.
Section 76 - Agents
Where, by
or under this Act, any act, other than the making of an affidavit, is required
to be done before the Registrar by any person, the act may, subject to the
rules made in this behalf, be done instead of by that person himself, by a
person duly authorised in the prescribed manner, who is.
(a)
a legal practitioner, or
Section 77 - Indexes
There shall
be kept under the directions and supervision of the Registrar,-
Section 78 - Documents open to
public inspection
(1)
The following documents,
subject to such conditions as may be prescribed, be open to public inspection
at the Geographical Indications Registry, namely:
(a)
the register and any
document upon which any entry in the register is based;
Section 79 - Reports of
Registrar to be placed before Parliament
The Central Government
shall cause to be placed before both Houses of Parliament once a year a report
respecting the execution by or under this Act.
Section 80 - Fees and surcharge
(1)
There shall be paid in
respect of applications and registrations and other matters under this Act such
fees and surcharge as may be prescribed by the Central Government.
Section 81 - Savings in respect
of certain matters in Chapter VIII
Nothing
in Chapter VIII shall
(a)
exempt any person from any
suit or other proceeding which might, but for anything in that Chapter, be
brought against him, or
Section 82 - Declarations as to
title of geographical indication not registrable under the Registration Act,
1908
Notwithstanding anything
contained in the Registration Act, 1908 (16 of 1908), no document declaring or
purporting to declare any title of a person to a geographical indication other
than a registered geographical indication shall be registered under that Act.
Section 83 - Government to be
bound
Section 84 - Special provisions relating
to applications for registration from citizens of convention countries
(1)
With a view to
the fulfillment of a treaty, convention or arrangement with any country or a
country which is a member of a group of countries or union of countries or
inter-Governmental organisations outside India which affords to citizens of
India similar privileges as granted to its own citizens, the Central Government
may, by notification in the Official Gazette, declare such country or group of
countries or union of countries or inter-Governmental organisations to he a
convention country or convention countries for the purposes of this Act.
(a)
for at least
ten years preceding the 15th day of April, 1994; or
Section 85 - Provision as to
reciprocity
Where any country or a country which is a member of a group of countries
or union of countries or any Inter-Governmental organisation specified by the
Central Government in this behalf by notification in the Official Gazette does
not accord to citizens of India the same rights in respect of the registration
and protection of geographical indications as it accords to its own nationals,
no nationals of such country or a country which is a member of the group of
countries or union or countries or Inter-Govern mental organisation, as the
case may be, shall be entitled
(a)
to apply for
the registration of, or be registered as the proprietor of geographical
indication;
Section 86 - Powers of Central
Government to remove difficulties
(1) If any difficulty arises in giving effect to the provisions
of this Act, the Central Government may, by order published in the Official
Gazette, make such provisions not inconsistent with the provisions of this Act
as may appear to the necessary for removing the difficulty:
Section 87 - Power to make rules
(1)
(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;
[(oa) the manner of holding inquiry and imposing penalty
under section 37A;
(ob) the form and
manner of preferring appeal under sub-section (2) of section 37B;][44].
(p)
the manner of
making an application for review under clause (c) of section 60;
[1]
15th September, 2003 vide S.O. 1051 (E) dated 15-9-2003, published in the
Gazette of India, Extra., Pt. II, Section 3(ii), dated 15th September, 2003.
[2]
Clause (a) omitted by The Tribunals Reforms Act, 2021 No.33 of 2021, s. 22
(w.e.f. 4-4-2021)
[3]
Clause (p) omitted by The Tribunals Reforms Act, 2021 No.33 of 2021, s. 22
(w.e.f. 4-4-2021)
[4]
G.I. Registry established vide S.O. 1152(E), dated 15th September, 2003,
published in the Gazette of India, Extra., Pt. II, Section 3(ii), dated 15th
September, 2003.
[6]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “tribunal”
(w.e.f. 4-4-2021)
[7]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “and before
the Appellate Board before which” (w.e.f. 4-4-2021)
[8]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[9]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22. for “tribunal”
(w.e.f. 4-4-2021)
[10]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[11]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22. for “tribunal”
(w.e.f. 4-4-2021)
[12]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021 s. 22. for “tribunal”
(w.e.f. 4-4-2021)
[13]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22. for “tribunal”
(w.e.f. 4-4-2021)
[14]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[15]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “APPEALS TO
THE APPELLATE BOARD” (w.e.f. 4-4-2021).
[16]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[17]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[18]
Sub-section (3) omitted by The Tribunals Reforms Act, 2021 No. 33 of 2021, s.
22 (w.e.f. 4-4-2021)
[19]
Omitted by The Tribunals Reforms Act, 2021 (33 of 2021), s. 22 (w.e.f.
4-4-2021).
[20]
Omitted by The Tribunals Reforms Act, 2021 (33 of 2021), s. 22 (w.e.f.
4-4-2021).
[21]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[22]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[23]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[24]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[25]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[26]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[27]
Omitted by The Tribunal Reforms Act 2021 (33 of 2021), s. 22 (w.e.f. 4-4-2021)
[28]
Ins. by The Jan Vishwas (Amendment Of Provisions) Act, 2023 No. 18 of 2023, s.
2 and Schedule (w.e.f. 1-8-2024).
[29]
Subs. by The Jan Vishwas (Amendment Of Provisions) Act, 2023 No. 18 of 2023, s.
2 and Schedule, for s "punishable with imprisonment for a term which may
extend to three years, or with fine, or with both" (w.e.f. 1-8-2024)
[30]
Omitted by The Jan Vishwas (amendment of Provisions) Act, 2023 (18 of 2023), s.
2 and Schedule (w.e.f. 1-8-2024).
[31]
Omitted by The Jan Vishwas (amendment of Provisions) Act, 2023 (18 of 2023), s.
2 and Schedule (w.e.f. 1-8-2024).
[32]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[33]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[34]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “tribunal”
(w.e.f. 4-4-2021)
[35]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[36]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[37]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[38]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[39]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[40]
The words “the Appellate Board or” omitted by The Tribunals Reforms Act, 2021
No. 33 of 2021, s. 22 (w.e.f. 4-4-2021)
[41]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[42]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “Appellate
Board” (w.e.f. 4-4-2021)
[43]
Subs. by The Tribunals Reforms Act, 2021 No. 33 of 2021, s. 22, for “tribunal”
(w.e.f. 4-4-2021)
[44]
Ins. by The Jan Vishwas (Amendment Of Provisions) Act, 2023 No. 18 of 2023, s.
2 and Schedule (w.e.f. 1-8-2024)