Bare Act Search Results

Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 38

Title: Falsifying and Falsely Applying Geographical Indications

State: Central

Year: 1999

.....indication or a deceptively similar geographical indication to goods or any package containing goods; (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. (3) Any geographical indication falsified as mentioned in sub-section (1) or falsely applied as mentioned in sub-section (2), is in this Act referred to as a false geographical indication. (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.

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

State: Central

Year: 1999

.....expressions used and not defined in this Act but defined in the Trade Marks Act, 1999shall have the meanings respectively assigned to them in that Act. (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 a printed or other visual representation of the geographical indication; (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; (c) to a registered geographical indication shall be construed as including a reference to a geographical indication registered in the register; (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-; (e) to the Geographical Indications Registry shall be construed as including a reference to any office of the Geographical Indications Registry. SECTION 03: REGISTRAR OF GEOGRAPHICAL INDICATIONS (1) The Controller-General of Patents, Designs and Trade Marks appointed.....

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

Title: Offences, Penalties and Procedure

State: Central

Year: 1999

..... Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this Act. 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 (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 (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. (2) If any person contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (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.....

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

Title: The Register and Conditions for Registration

State: Central

Year: 1999

.....names or indications", in relation to goods, means the name of a goods which, although relates to the place or the region where the goods was originally produced or manufactured, has lost its original meaning and has become the common name of such goods and serves as a designation for or indication of the kind, nature, type or other property or characteristic of the goods. Explanation 2. In determining whether the name has become generic, account shall be taken of all factors including the existing situation in the region or place in which the name originates and the area of consumption of the goods. 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.

Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 77

Title: Indexes

State: Central

Year: 1999

There shall be kept under the directions and supervision of the Registrar, (a) an index of registered geographical indications, (b) an index of geographical indications in respect of which applications for registrations are pending. (c) an index of the names of the proprietors of registered geographical indications, and (d) an index of the names of authorised users.

Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 72

Title: Certificate of Validity

State: Central

Year: 1999

If in any legal proceedings for rectification of the register before the Appellate Board 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 Appellate Board 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.

Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 85

Title: Provision as to Reciprocity

State: Central

Year: 1999

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; (b) to apply for registration or be registered as an authorised user of a geographical indication.

Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 75

Title: Trade Usages, Etc., to Be Taken into Consideration

State: Central

Year: 1999

In any proceeding relating to a geographical indication, the tribunal shall admit evidence of the usages of the trade concerned and of any relevant geographical indication legitimately used by other persons.

Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 22

Title: Infringement or Registered Geographical Indications

State: Central

Year: 1999

.....a competitor; (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; (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. (2) The Central Government may, if it thinks necessary so to do for providing additional protection to certain goods or classes of goods under sub-section (3), by notification in the Official Gazette, specify such goods or class or classes of goods, for the purposes of such protection. (3) Any person who is not an authorised user of a geographical indication registered under this Act in respect of the goods or any class or classes of goods notified under sub-section (2), uses any other geographical indication to such goods or class or classes of goods not originating in the place indicated by such other.....

Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 42

Title: Penalty for Falsely Representing a Geographical Indication as Registered

State: Central

Year: 1999

.....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. (2) If any person contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (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 (b) where that other expression, symbol or sign is of itself.....