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The Geographical Indications of Goods (Registration and Protection) Act, 1999

Central

An Act to provide for the registration and better protection of geographical indications relating to goods.

Act number
48 of 1999
Ministry
Ministry of Commerce and Industry
Department
Department of Promotion of Industry and Internal Trade
Enacted
30 Dec 1999

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

89 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions and interpretation.
  3. Section 3Registrar of Geographical Indications.
  4. Section 4Power of Registrar to withdraw or transfer cases, etc.
  5. Section 5Geographical Indications Registry and offices thereof.
  6. Section 6Register of Geographical Indications.
  7. Section 7Part A and Part B of the register.
  8. Section 8Registration to be in respect of particular goods and area.
  9. Section 9Prohibition of registration of certain geographical indications.
  10. Section 10Registration of homonymous geographical indications.
  11. Section 11Application for registration.
  12. Section 12Withdrawal of acceptance.
  13. Section 13Advertisement of application.
  14. Section 14Opposition to registration.
  15. Section 15Correction and amendment.
  16. Section 16Registration.
  17. Section 17Application for registration as authorised user.
  18. Section 18Duration, renewal, removal and restoration of registration.
  19. Section 19Effect of removal from register for failure to pay fee for renewal.
  20. Section 20No action for infringement of unregistered geographical indication.
  21. Section 21Rights conferred by registration.
  22. Section 22Infringement or registered geographical indications.
  23. Section 23Registration to be prima facie evidence of validity.
  24. Section 24Prohibition of assignment or transmission, etc.
  25. Section 25Prohibition of registration of geographical indication as trade mark.
  26. Section 26Protection to certain trade marks.
  27. Section 27Power to cancel or vary registration and to rectify the register.
  28. Section 28Correction of register.
  29. Section 29Alteration of registered geographical indications.
  30. Section 30Adaptation of entries in register to amend or substitute classification of goods.
  31. Section 31Appeals to the High Court.
  32. Section 32Bar of jurisdiction of courts, etc.
  33. Section 33Procedure of the Appellate Board.
  34. Section 34Procedure for application for rectification, etc., before High Court.
  35. Section 35Appearance of Registrar in legal proceedings.
  36. Section 36Costs of Registrar in proceedings before Appellate Board.
  37. Section 37Meaning of applying geographical indications.
  38. Section 37AAdjudication of penalties.
  39. Section 37BAppeal.
  40. Section 38Falsifying and falsely applying geographical indications.
  41. Section 39Penalty for applying false geographical indications.
  42. Section 40Penalty for selling goods to which false geographical indication is applied.
  43. Section 41Enhanced penalty on second or subsequent conviction.
  44. Section 42Penalty for falsely representing a geographical indication as registered.
  45. Section 43Omitted.
  46. Section 44Omitted.
  47. Section 45No offence in certain cases.
  48. Section 46Forfeiture of goods.
  49. Section 47Exemption of certain persons employed in ordinary course of business.
  50. Section 48Procedure where invalidity of registration is pleaded by the accused.
  51. Section 49Offences by companies.
  52. Section 50Cognizance of certain offences and the powers of police officer for search and seizure.
  53. Section 51Costs of defence of prosecution.
  54. Section 52Limitation of prosecution.
  55. Section 53Information as to commission of offence.
  56. Section 54Punishment for abetement in India of acts done out of India.
  57. Section 55Protection of action taken in good faith.
  58. Section 56Certain persons to be public servants.
  59. Section 57Stay of proceedings where the validity of registration of the geographical indication is questioned etc.
  60. Section 58Application for rectification of register to be made to High Court in certain cases.
  61. Section 59Implied warranty on sale of indicated goods.
  62. Section 60Powers of Registrar.
  63. Section 61Exercise of discretionary power by Registrar.
  64. Section 62Evidence before Registrar.
  65. Section 63Death of party to a proceeding.
  66. Section 64Extension of time.
  67. Section 65Abandonment.
  68. Section 66Suit for infringement, etc., to be instituted before district court.
  69. Section 67Relief in suit for infringement or for passing off.
  70. Section 68Authorised user to be impleaded in certain proceedings.
  71. Section 69Evidence of entries in register, etc., and things done by the Registrar.
  72. Section 70Registrar and other officers not compellable to produce register, etc.
  73. Section 71Power to require goods to show indication of origin.
  74. Section 72Certificate of validity.
  75. Section 73Groundless threats of legal proceedings.
  76. Section 74Address for service.
  77. Section 75Trade usages, etc., to be taken into consideration.
  78. Section 76Agents.
  79. Section 77Indexes.
  80. Section 78Documents open to public inspection.
  81. Section 79Reports of Registrar to be placed before Parliament.
  82. Section 80Fees and surcharge.
  83. Section 81Savings in respect of certain matters in Chapter VIII.
  84. Section 82Declaration as to title of geographical indication not registrable under the Registration Act, 1908.
  85. Section 83Government to be bound.
  86. Section 84Special provisions relating to applications for registration from citizens of convention countries.
  87. Section 85Provision as to reciprocity.
  88. Section 86Powers of Central Government to remove difficulties.
  89. Section 87Power to make rules.