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Home Bare Acts Phrase: indicationGeographical Indications of Goods (Registration and Protection) Act, 1999 Complete Act
Title: Geographical Indications of Goods (Registration and Protection) Act, 1999
State: Central
Year: 1999
.....of validity Section73 - Groundless threats of legal proceedings Section74 - Address for service Section75 - Trade usages, etc., to be taken into consideration Section76 - Agents Section77 - Indexes Section78 - Documents open to public inspection Section79 - Reports of Registrar to be placed before Parliament Section80 - Fees and surcharge Section81 - Savings in respect of certain matters in Chapter VIII Section82 - Declarations as to title of geographical indication not registrable under the Registration Act, 1908 Section83 - Government to be bound Section84 - Special provisions relating to applications for registration from citizens of convention countries Section85 - Provision as to reciprocity Section86 - Powers of Central Government to remove difficulties Section87 - Power to make rules
List Judgments citing this sectionGeographical 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.....
View Complete Act List Judgments citing this sectionGeographical 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.
View Complete Act List Judgments citing this sectionGeographical 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.....
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 5
Title: Geographical Indications Registry and Offices Thereof
State: Central
Year: 1999
(1) For the purpose of this Act, there shall be established a Registry which shall be known as the Geographical Indications Registry.1 (2) The head office of the Geographical Indications registry shall be at such place as the Central Government may, by notification in the Official Gazette, specify, and for the purpose of facilitating the registrations of geographical indications, there may be established at such places as the Central Government may think fit branch offices of the Geographical Indications Registry.2 (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. (4) There shall be a seal of the Geographical Indications Registry. ________________________ 1. 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. 2. All India jurisdiction with Geographical Indications Registry with its head office at 434, Guna Complex, Teynampet, Annasalai, Chennai-600018 [vide S.O. 1052(E), dated 15th September, 2003].
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 37
Title: Meaning of Applying Geographical Indications
State: Central
Year: 1999
.....are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture; or (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 (d) use 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 (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 to use. (2) A geographical indication shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 57
Title: Stay of Proceedings Where the Validity of Registration of the Geographical Indication is Questioned, Etc
State: Central
Year: 1999
.....Board for rectification of the register. (2) If the party concerned proves to the court that he has made any such application as is referred to in section (b) of sub-section (1) within the time specified therein or within such extended time as the court may for sufficient cause allow, the trial of the suit shall stand stayed until the final disposal of the rectification 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.....
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 39
Title: Penalty for Applying False Geographical Indications
State: Central
Year: 1999
.....for falsifying, a geographical indication; or (d) applies to any goods to which an indication of the country or place in which they were made or produced or the name and the address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 71, a false indication of such country, place, name or address or (e) tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 71; or (f) causes any of the things above-mentioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but with may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 6
Title: Register of Geographical Indications
State: Central
Year: 1999
.....keep the records wholly or partly in computer floppies or diskettes or in any other electronic form, subject to such safeguards as may be prescribed. (3) Where such register is maintained wholly or partly in computer floppies or diskettes or in any other electronic form under sub-section (1), any reference in this Act to any entry in the register shall be construed as the reference to the entry as maintained on computer floppies or diskettes or in the other electronic form, or the case may be. (4) No notice of any trust, express or implied or constructive, shall be entered in the register and no such notice shall be receivable by the Registrar. (5) Subject to the superintendence and direction of the Central Government, the register shall be keep under the control and management of the Registrar. (6) There shall be kept at each branch office of the Geographical Indications Registry a copy of the register and such other documents mentioned in section 78 as the Central Government may, by notification in the Official Gazette, direct.
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 9
Title: Prohibition of Registration of Certain Geographical Indications
State: Central
Year: 1999
.....locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be, shall not be registered as a geographical indication. Explanation 1. For the purposes of this section, "generic 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.
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