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Start Free TrialGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 65
Title: Abandonment
State: Central
Year: 1999
Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act, the Registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so, desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 65
Title: Regulations to Be Open to Inspection
State: Central
Year: 1999
The regulations referred to in sub-section (1) of section 63 shall be open to public inspection in the same way as the register as provided in section 148.
View Complete Act List Judgments citing this sectionFinance Act 1999 Section 65
Title: Amendment of Section 154
State: Central
Year: 1999
In section 154 of the Income-tax Act, in sub-section (1), for clause (b), the following clause shall be substituted with effect from the 1st day of June, 1999, namely :- "(b) amend any intimation or deemed intimation under sub-section (1) of section 143. ".
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 53
Title: Information as to Commission of Offence
State: Central
Year: 1999
An officer of the Government whose duty it is to take pan in the enforcement of the provisions of this Chapter shall not be compelled in any court to say whence he got any information as to the commission of any offence against this Act.
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 19
Title: Effect of Removal from Register for Failure to Pay Fee for Renewal
State: Central
Year: 1999
Where a geographical indication has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another geographical indication during one year, next after the date of removal, be deemed to be a geographical indication already on the register, unless the tribunal is satisfied either (a) that there has been no bond fide trade use of the geographical indication which has been removed within the two years immediately preceding its removal; or (b) that no deception or confusion would be likely to arise from the use of the geographical indication which is the subject of the application for registration by reason of any previous use of the geographical indication which has been removed.
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 20
Title: No Action for Infringement of Unregistered Geographical Indication
State: Central
Year: 1999
(1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered geographical indication. (2) Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof.
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 24
Title: Prohibition of Assignment or Transmission, Etc
State: Central
Year: 1999
Notwithstanding anything contained in any law for the time being in force, any right to a registered geographical indication shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement: Provided that on the death of an authorised user his right in a registered geographical indication shall devolve on his successor in title under the law for the time being in force.
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 26
Title: Protection to Certain Trade Marks
State: Central
Year: 1999
.....use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to confuse or mislead the people. (4) Notwithstanding anything contained in the Trade Marks Act, 1999 or in this Act, no action in connection with the use or registration of a trade mark shall be taken after the expiry of five years from the date on which such use or registration infringes any geographical indication registered under this Act has become known to the registered proprietor or authorised user registered in respect of such geographical indication under this Act or after the date of registration of the trade mark under the said Trade Marks Act subject to the condition that the trade mark has been published under the provisions of the said Trade Marks Act, 1999 or the rules made thereunder by that date, if such date is earlier than the date on which such infringement became known to such proprietor or authorised user and such geographical indication is not used or registered in bad faith.
View Complete Act List Judgments citing this sectionGeographical 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.
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 35
Title: Appearance of Registrar in Legal Proceedings
State: Central
Year: 1999
.....or rectification of the register or in which any question relating to the practice of the Geographical Indications Registry is raised; (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 (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 (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. (2) Unless the Appellate Board otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, given such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the Geographical Indications Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.
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