{ "id": 11878, "slug": "geographical-indications-of-goods-registration-and-protection-act-1999", "title": "The Geographical Indications Of Goods (Registration And Protection) Act, 1999", "short_title": "The Geographical Indications Of Goods (Registration And Protection) Act, 1999", "act_number": "(48 OF 1999)", "act_year": 1999, "act_type": "CENTRAL", "location": "India (Central)", "law_status": "unknown", "enactment_date": "1999-12-30", "description": "The Geographical Indications Of Goods (Registration And Protection) Act, 1999", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "CHAPTER I", "chapter": "CHAPTER I", "content": "Preliminary", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "1", "title": "1. Short title, extent and commencement", "chapter": null, "content": "Object & Reasonsā–¼\nStatement of Objects and Reasons.\n(a) definitions of several important terms like \"geographical indication\", \"goods\", \"producers\", \"package\", \"registered proprietor\", \"authorised user\", etc.;\n(b) provision for the establishment of a Geographical Indications Registry;\n(c) provisions for the maintenance of a Register of Geographical Indications in two Parts-Part A and Part B and use of computers, etc., for maintenance of such registers. While Part A will contain all registered geographical indications, Part B will contain particulars of registered authorised users;\n(d) registration of geographical indications of goods in specified classes;\n(e) prohibition of registration of certain geographical indications;\n(f) provisions for framing of rules by Central Government for filing of application, its contents and matters relating to substantive examination of geographical indication applications;\n(g) compulsory advertisement of all accepted geographical indication applications and for inviting objections;\n(h) registration of authorised users of registered geographical indications and providing infringement action either by a registered proprietor or an authorised user;\n(i) provisions for the renewal, rectification and restoration of geographical indications and authorised user;\n(j) provisions for higher level of protection for notified goods;\n(k) prohibition of assignment, etc., of a geographical indication as it is a public property;\n(l) prohibition of registration of geographical indication as a trade mark;\n(m) appeal against Registrar's decisions would lie to the Intellectual Property Appellate Board established under the Trade Marks legislation;\n(n) provision relating to offences and penalties;\n(o) provision detailing the effects of registration and the rights conferred by registration;\n(p) provisions for reciprocity, powers of the Registrar, maintenance of index, protection of homonymous geographical indications, etc.", "footnote": "", "is_definition": false, "sort_order": 1 }, { "number": "2", "title": "2. Definitions and interpretation", "chapter": null, "content": "(a) \"Appellate Board\" means the Appellate Board established under section 83 of the Trade Marks Act, 1999 (47 of 1999);\n(b) \"authorised user\" means the authorised user of a geographical indication registered under section 17;\n(c) \"deceptively similar\" a geographical indication shall be deemed to be deceptively similar to another geographical indication if it so nearly resembles that other geographical indication as to be likely to deceive or cause confusion;\n(d) \"district Court\" has the meaning assigned to it in the Code of Civil Procedure, 1908 (5 of 1908);\n(e) \"geographical indication\", in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods or originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.\n(f) \"goods\" means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes foodstuff;\n(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;\n(h) \"name\" includes any abbreviation of a name;\n(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;\n(j) \"prescribed\" means prescribed by rules made under this Act;\n(k) \"producer\", in relation to goods, means any person who,-\n(i) if such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods;\n(ii) if such goods are natural goods, exploits the goods;\n(iii) if such goods are handicraft or industrial goods, makes or manufactures the goods, and includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods;\n(l) \"register\" means the Register of Geographical Indications referred to in section 6;\n(m) \"registered\" (with its grammatical variations) means registered under this Act;\n(n) \"registered proprietor\", in relation to a geographical indication, means any association of persons or of producers or any organisation for the time being entered in the register as proprietor of the geographical indication;\n(o) \"Registrar\" means the Registrar of Geographical Indications referred to in section 3;\n(p) \"tribunal\" means the Registrar or, as the case may be, the Appellate Board before which the proceeding concerned is pending.\n(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;\n(b) to the use of a geographical indication in relation to goods shall be construed as a reference to the use of the geographical indication upon, or in any physical or in any other relation whatsoever, to such goods;\n(c) to a registered geographical indication shall be construed as including a reference to a geographical indication registered in the register;\n(d) to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3;\n(e) to the Geographical Indications Registry shall be construed as including a reference to any office of the Geographical Indications Registry.", "footnote": "", "is_definition": true, "sort_order": 2 }, { "number": "4", "title": "CHAPTER II", "chapter": "CHAPTER II", "content": "The Register And Conditions For Registration", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "3", "title": "3. Registrar of Geographical Indications", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "4", "title": "4. Power of Registrar to withdraw or transfer cases, etc", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "5", "title": "5. Geographical Indications Registry and offices thereof", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "6", "title": "6. Register of Geographical Indications", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "7", "title": "7. Part A and Part B of the register", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "8", "title": "8. Registration to be in respect of particular goods and area", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "9", "title": "9. Prohibition of registration of certain geographical indications", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "10", "title": "10. Registration of homonymous geographical indications", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "CHAPTER III", "chapter": "CHAPTER III", "content": "Procedure For And Duration Or Registration", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "11", "title": "11. Application for registration", "chapter": null, "content": "(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, as the case may be;\n(b) the class of goods to which the geographical indication shall apply;\n(c) the geographical map of the territory of the country or region or locality in the country in which the goods originate or are being manufactured;\n(d) the particulars regarding the appearance of the geographical indication as to whether it is comprised of the words or figurative elements or both;\n(e) a statement containing such particulars of the producers of the concerned goods, if any, proposed to be initially registered with the registration of the geographical indication as may be prescribed; and\n(f) such other particulars as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "12", "title": "12. Withdrawal of acceptance", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "13", "title": "13. Advertisement of application", "chapter": null, "content": "(a) an error in the application has been corrected; or\n(b) the application has been permitted to be amended under section 15, the Registrar may, in his discretion, cause the application to be advertised again or instead of causing the application to be advertised again, notified in the prescribed manner, the correction made in the application.", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "14", "title": "14. Opposition to registration", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "15", "title": "15. Correction and amendment", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "16", "title": "16. Registration", "chapter": null, "content": "(a) the application has not been opposed and the time for notice of opposition has expired; or\n(b) the application has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall, unless the Central Government otherwise directs, register the said geographical indication and the authorised users, if any, mentioned in the application and the geographical indication and the authorised users when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 84, be deemed to be the date of registration.", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "17", "title": "17. Application for registration as authorised user", "chapter": null, "content": "(a) the filing and examination of the application;\n(b) the refusal and acceptance of registration;\n(c) withdrawal of acceptance of application;\n(d) advertisement of application;\n(e) opposition to registration;\n(f) correction or error in an amendment of the application; and\n(g) registration, shall apply in respect of the application and registration of authorised users referred to in sub-section (1) in the same manner as they apply for the application for registration and registration of the geographical indication.", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "18", "title": "18. Duration, renewal, removal and restoration of registration", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "19", "title": "19. Effect of removal from register for failure to pay fee for renewal", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "CHAPTER IV", "chapter": "CHAPTER IV", "content": "Effect Of Registration", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "20", "title": "20. No action for infringement of unregistered geographical indication", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "21", "title": "21. Rights conferred by registration", "chapter": null, "content": "(a) to the registered proprietor of the geographical indication and the authorised user or users thereof the right to obtain relief in respect of infringement of the geographical indication in the manner provided by this Act;\n(b) to the authorised user thereof the exclusive right to the use of the geographical indication in relation to the goods in respect of which the geographical indication is registered.", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "22", "title": "22. Infringement or registered geographical indications", "chapter": null, "content": "(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\n(b) uses any geographical indication in such manner which constitutes an act of unfair competition including passing off in respect of registered geographical indication.\n(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;\n(ii) false allegations in the course of trade of such a nature as to discredit the establishment, the goods or the industrial or commercial activities, of a competitor;\n(iii) geographical indications, the use of which in the course of trade is liable to mislead the persons as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods;\n(c) uses another geographical indication to the goods which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the persons that the goods originate in the territory, region or locality in respect of which such registered geographical indication relates.", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "23", "title": "23. Registration to be prima facie evidence of validity", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "24", "title": "24. Prohibition of assignment or transmission, etc", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "29", "title": "CHAPTER V", "chapter": "CHAPTER V", "content": "Special Provisions Relating To Trade Marks And Prior Users", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "25", "title": "25. Prohibition of registration of geographical indication as trade mark", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "26", "title": "26. Protection to certain trade marks", "chapter": null, "content": "(a) before the commencement of this Act; or\n(b) before the date of filing the application for registration of such geographical indication under this Act, nothing contained in this Act shall prejudice the registrability or the validity of the registration of such trade mark under the law relating to the trade marks for the time being in force, or the right to use such trade mark, on the ground that such trade mark is identical with or similar to such geographical indication.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "32", "title": "CHAPTER VI", "chapter": "CHAPTER VI", "content": "Rectification And Correction Of The Register", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "27", "title": "27. Power to cancel or vary registration and to rectify the register", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "28", "title": "28. Correction of register", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "29", "title": "29. Alternation of registered geographical indications", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "30", "title": "30. Adaptation of entries in register to amend or substitute classification of goods", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "37", "title": "CHAPTER VII", "chapter": "CHAPTER VII", "content": "Appeals To The Appellate Board", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "31", "title": "31. Appeals to the Appellate Board", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "32", "title": "32. Bar of jurisdiction of Courts, etc", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "33", "title": "33. Procedure of the Appellate Board", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "34", "title": "34. Procedure for application for rectification, etc., before Appellate Board", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "35", "title": "35. Appearance of Registrar in legal proceedings", "chapter": null, "content": "(a) in any legal proceedings before the Appellate Board 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;\n(b) in any appeal to the Board from an order of the Registrar on an application for registration of a geographical indication or authorised user-\n(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\n(ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board.", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "36", "title": "36. Costs of Registrar in proceedings before Appellate Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "44", "title": "CHAPTER VIII", "chapter": "CHAPTER VIII", "content": "Offences, Penalties And Procedure", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "37", "title": "37. Meaning of applying geographical indications", "chapter": null, "content": "(a) applies it to the goods themselves; or\n(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\n(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\n(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\n(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 use.", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "38", "title": "38. Falsifying and falsely applying geographical indications", "chapter": null, "content": "(a) without the assent of the authorised user of the geographical indication makes that geographical indication or deceptively similar geographical indication; or\n(b) falsifies any genuine geographical indication, whether by alteration, addition, effacement or otherwise.\n(a) applies such geographical indication or a deceptively similar geographical indication to goods or any package containing goods;\n(b) uses any package bearing a geographical indication which is identical with or deceptively similar to the geographical indication of such authorised user, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the authorised user of the geographical indication.", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "39", "title": "39. Penalty for applying false geographical indications", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "40", "title": "40. Penalty for selling goods to which false geographical indication is applied", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "41", "title": "41. Enhanced penalty on second or subsequent conviction", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "42", "title": "42. Penalty for falsely representing a geographical indication as registered", "chapter": null, "content": "(a) with respect to a geographical indication, not being a registered geographical indication, to the effect that it is a registered geographical indication; or\n(b) to the effect that a registered geographical indication is registered in respect of any goods in respect of which it is not in fact registered; or\n(c) to the effect that registration of a geographical indication gives an exclusive right to the use thereof in any circumstances in which having regard to limitation entered on the register, the registration does not in fact give that right.\n(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\n(b) where that other expression, symbol or sign is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a); or\n(c) where that word is used in relation to a geographical indication registered under the law of a country outside India and in relation solely to goods to be exported to that country for use in that country.", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "43", "title": "43. Penalty for improperly describing a place of business as connected with the Geographical Indications Registry", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "44", "title": "44. Penalty for falsification of entries in the register", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "45", "title": "45. No offence in certain cases", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "46", "title": "46. Forfeiture of goods", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "47", "title": "47. Exemption of certain persons employed in ordinary course of business", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "48", "title": "48. Procedure where invalidity of registration is pleaded by the accused", "chapter": null, "content": "(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 Appellate Board under this Act, for the rectification of the register on the ground that the registration is invalid;\n(b) if the accused proves to the Court that he has made such application within the time so limited or within such further time as the Court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification;\n(c) if within a period of three months or within such extended time as may be allowed by the Court the accused fails to apply to the Appellate Board for rectification of the register, the Court shall proceed with the case as if the registration were invalid.", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "49", "title": "49. Offences by companies", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "50", "title": "50. Cognizance of certain offences and the powers of police officer for search and seizure", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "51", "title": "51. Costs of defence of prosecution", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "52", "title": "52. Limitation of prosecution", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "53", "title": "53. Information as to commission of offence", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "54", "title": "54. Punishment for abetment in India of acts done out of India", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "63", "title": "CHAPTER IX", "chapter": "CHAPTER IX", "content": "Miscellaneous", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "55", "title": "55. Protection of action taken in good faith", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "56", "title": "56. Certain persons to be public servants", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "57", "title": "57. Stay of proceedings where the validity of registration of the geographical indication is questioned, etc", "chapter": null, "content": "(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 Appellate Board, stay the suit pending the final disposal of such proceedings;\n(b) if no such proceedings are pending and the Court is satisfied that the plea regarding the invalidity of the registration of the geographical indication relating to plaintiff or defendant is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the Appellate Board for rectification of the register.", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "58", "title": "58. Application for rectification of register to be made to Appellate Board in certain cases", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "59", "title": "59. Implied warranty on sale of indicated goods", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "60", "title": "60. Powers of Registrar", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "61", "title": "61. Exercise of discretionary power by Registrar", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "62", "title": "62. Evidence before Registrar", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "63", "title": "63. Death of party to a proceeding", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "64", "title": "64. Extension of time", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "65", "title": "65. Abandonment", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "66", "title": "66. Suit for infringement, etc., to be instituted before district Court", "chapter": null, "content": "(a) for the infringement of a registered geographical indication; or\n(b) relating to any right in a registered geographical indication; or\n(c) for passing of arising out of the use by the defendant of any geographical indication which is identical with or deceptively similar to the geographical indication relating to the plaintiff, whether registered or unregistered, shall be instituted in any Court inferior to a district Court having jurisdiction to try the suit.", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "67", "title": "67. Relief in suit for infringement or for passing off", "chapter": null, "content": "(a) for discovery of documents;\n(b) preserving of infringing goods, documents or other evidence which are related to the subject-matter of the suit;\n(c) restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiffs ability to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff.\n(a) where in a suit for infringement the defendant satisfies the Court-\n(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\n(ii) that when he became aware of the existence and nature of the plaintiff's right in the geographical indication, he forthwith ceased to use the geographical indication in relation to goods in respect of which it was registered; or\n(b) where in a suit for passing off, the defendant satisfies the Court-\n(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\n(ii) that when he became aware of the existence and nature of the geographical indication relating to the plaintiff he forthwith ceased to use the geographical indication complained of.", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "68", "title": "68. Authorised user to be impleaded in certain proceedings", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 76 }, { "number": "69", "title": "69. Evidence of entries to register, etc., and things done by the Registrar", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 77 }, { "number": "70", "title": "70. Registrar and other officers not compellable to produce register, etc", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 78 }, { "number": "71", "title": "71. Power to require goods to show indication of origin", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 79 }, { "number": "72", "title": "72. Certificate of validity", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "73", "title": "73. Groundless threats of legal proceedings", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 81 }, { "number": "74", "title": "74. Address for service", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 82 }, { "number": "75", "title": "75. Trade usages, etc., to be taken into consideration", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 83 }, { "number": "76", "title": "76. Agents", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 84 }, { "number": "77", "title": "77. Indexes", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 85 }, { "number": "78", "title": "78. Documents open to public inspection", "chapter": null, "content": "(a) the register and any document upon which any entry in the register is based;\n(b) every notice of opposition to the registration of a geographical indication, application for rectification before the Registrar, counter-statement thereto, and any affidavit or document filed by the parties in any proceedings before the Registrar;\n(c) the indexes mentioned in section 77; and\n(d) such other documents as the Central Government may, by notification in the Official Gazette, specify:", "footnote": "", "is_definition": false, "sort_order": 86 }, { "number": "79", "title": "79. Reports of Registrar to be placed before Parliament", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 87 }, { "number": "80", "title": "80. Fees and surcharge", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 88 }, { "number": "81", "title": "81. Savings in respect of certain matters in Chapter VIII", "chapter": "Chapter VIII", "content": "", "footnote": "", "is_definition": false, "sort_order": 89 }, { "number": "82", "title": "82. Declarations as to title of geographical indication not registrable under the Registration Act, 1908", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "83", "title": "83. Government to be bound", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 91 }, { "number": "84", "title": "84. Special provisions relating to applications for registration from citizens of convention countries", "chapter": null, "content": "(a) for at least ten years preceding the 15th day of April, 1994; or\n(b) in good faith preceding the date referred to in clause (a).", "footnote": "", "is_definition": false, "sort_order": 92 }, { "number": "85", "title": "85. Provision as to reciprocity", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 93 }, { "number": "86", "title": "86. Powers of Central Government to remove difficulties", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 94 }, { "number": "87", "title": "87. Power to make rules", "chapter": null, "content": "(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;\n(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;\n(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;\n(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;\n(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;\n(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;\n(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;\n(h) the manner of applying for registration as an authorised user under sub-section (1) and the manner of submitting statements and documents alongwith such application and the fee which may accompany such application under sub-section (2) of section 17;\n(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;\n(j) the manner of making applications under sub-sections (1) and (2), the manner or giving notice under sub-section (4) and the manner of service of notice of rectification under sub-section (5) of section 27;\n(k) the manner of making an application for correction, etc., under section 28;\n(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;\n(m) the manner of advertisement under sub-section (2) of section 30;\n(n) the form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 31;\n(o) the form in which an application for rectification shall be made, under sub-section (1) of section 34;\n(p) the manner of making an application for review under clause (c) of section 60;\n(q) the time within which an application is to be made to the Registrar for exercising his discretionary power under section 61;\n(r) the manner of making an application and the fee payable therefore under sub-section (1) of section 64;\n(s) the manner of authorising any person to act and the manner of registration of a geographical indications agent under section 76;\n(t) the fee and surcharge payable for applications and registrations and other matters under sub-section (1) of section 80;\n(u) any other matter which is required to be, or may be, prescribed.", "footnote": "", "is_definition": false, "sort_order": 95 } ], "metadata": { "Act ID": "11/597", "Act Number": "(48 OF 1999)", "Enactment Date": "30th December, 1999", "Act Year": "1999", "Short Title": "The Geographical Indications Of Goods (Registration And Protection) Act, 1999", "Type": "CENTRAL", "Location": "India (Central)" }, "updated_at": "2026-09-29 21:51:51" }