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Trade Marks Act, 1999 (47 of 1999) Section 58

Title: Correction of Register

State: Central

Year: 1999

(1) The Registrar may, on application made in the prescribed manner by the registered proprietor,-- (a) correct any error in the name, address or description of the registered proprietor of a trade mark, or any other entry relating to the trade mark; (b) enter any change in the name, address or description of the person who is registered as proprietor of a trade mark; (c) cancel the entry of a trade mark on the register; (d) strike out any goods or classes of goods or services from those in respect of which a trade mark is registered, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him. (2) The Registrar may, on application made in the prescribed manner by a registered user of a trade mark, and after notice to the registered proprietor, correct any error, or enter any change, in the name, address or description of the registered user.

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Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 58

Title: Application for Rectification of Register to Be Made to Appellate Board in Certain Cases

State: Central

Year: 1999

(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 Appellate Board and not to the Registrar. (2) Subject to the provisions of sub-section (1), where an application for rectification of the register is made to the Registrar under section 27, the Registrar may, if he thinks fit, refer the application at any stage of the proceedings to the Appellate Board.

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Finance Act 1999 Section 58

Title: Amendment of Section 115ac

State: Central

Year: 1999

In section 115AC of the Income-tax Act, after sub-section (4), the following sub-section shall be inserted with effect from the 1st day of April, 2000, namely :- "(5) Where the assessee acquired shares or bonds in an amalgamated or resulting company by virtue of his holding shares or bonds in the amalgamating or demerged company, as the case may be, in accordance with the provisions of sub-section (1), the provisions of the said sub-section shall apply to such shares or bonds.".

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Karnataka Electricity Reform Act, 1999 Section 58

Title: Effect of the Act on the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948

State: Karnataka

Year: 1999

.....the powers and functions of the Karnataka Electricity Board as per the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 or rules thereunder shall vest in the State Government and the State Government shall co-ordinate and deal with the Central Government and the Central Electricity Authority; (b) in respect of such matters which the Commission directs in terms of a general or special order, or in the regulations or in the licence as the case may be, the generating company or companies, the licensees or other body corporate as may be designated by the Commission shall discharge the functions of the Board under the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 to the extent directed by the Commission or specified in the licences. (3) Subject to sub-sections (1) and (2), upon the establishment of the Commission, the provisions of the Indian Electricity Act, 1910 and the Electricity (Supply) Act, 1948 shall, in so far as the State is concerned, be read subject to the following modifications and reservations:- (a) All references to State Electricity Board in the Indian Electricity Act, 1910 in so far as the State is.....

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Geographical 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.

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Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 52

Title: Limitation of Prosecution

State: Central

Year: 1999

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.

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Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 51

Title: Costs of Defence of Prosecution

State: Central

Year: 1999

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.

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Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 44

Title: Penalty for Falsification of Entries in the Register

State: Central

Year: 1999

If any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to he false, he shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both.

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Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 43

Title: Penalty for Improperly Describing a Place of Business as Connected with the Geographical Indications Registry

State: Central

Year: 1999

If any person uses on his place of business, or an any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the Geographical Indications Registry, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

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Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 28

Title: Correction of Register

State: Central

Year: 1999

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; (b) enter any change in the name, address or description of the association of persons or of producers or any ogranisation or authority, as the case may be, who is registered as proprietor of a geographical indication on the register; (c) cancel the entry of a geographical indication on the register; (d) strike out any goods or class or classes of goods from those in respect of which a geographical indication is registered from the register, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him.

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