NOTIFICATION New Delhi. the 15'“ May, 2013
6.111.314 (E) .- Whereas, cenam draft rules were published_, in exercise of the powers conte ed by section 87 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 999), vide notification of the Government of lndla tn the Ministry of Commerce and Industry (Depart nt of Industrial Policy and Promotion) number G.S.R. 31(E) dated 21" January, 2013 inviting objectlo s and suggestions from all persons likely to be affected thereby before the expiry of forty five days from tit date on whlch copies of the Officlal Gazette containing the notification were made available to the public; And whereas, the copies of the Official Gazette containing the said notification were made available to the public on 21" January, 2013; And whereas, no objection and suggestions were received by the Central Government; Now therefore, in exercise of the powers conferred under section 87 of the Geographical 1nd anon of Goods(Registrat‘Ion and Protection)Act, 1999(48 of 1999), the Central Government hereby ma 5 the following rules:- 1.Short title and commencement. — (1) These rules may be called the Geogr hical Indications of Goods (Forms & making an appeal and fees therefore) Rules, 2013.
(2) They shall come Into force on the date of their pubtication in the Official Gazette.
2. Form of Application .— The form of making applications for appeal to the Intellectual Property Appellate Board and the manner of verification thereof shall be as provided in the First Schedule to these rules.
3. Fees .- The fees for filing an appeal before the Intellectual Property Appellate Board shall be as specrfied in the Second Schedule to these rules which shall be paid by way of bank draft payable at Chennai dn wn in favour of the Deputy Registrar. Intellectual Property Appellate Board. [mt Il-m J(i)l wmm:mm THE FIRST SCHEDULE (See rule 2) MANNER OF MAKING APPLICATIONS AND APPEAL AND FORMS THEREFORE 43 Serial Section at the Geographical Title Form number No. Indications of Goods (Registration and Protection) Act. BSS/Geographlcal Indications of Goods (Registration and Protection) Rules, 2002 ll) (2) (3) (4! |
1. Section 27/Rule 65 Application for rectification of the FORM 1 register by cancelling, expunging, or varying of any entry relating to a geographical indication or the ' statement of the case under rule 32(1) recorded in the register of geographical indicatuons or the authorized user
2. Sectlon 31/Rule 98 Appeal from an order or decision FORM 2 of the Registrar of Geographical Indications !
3. Section 31(2)/Rule98 Application for condoning the FORM3 delay In filing Appeal under Section 31 (2) of the Geographical lndtcations of Goods {Registration and Protection) Act, 1999 2006561120134 44 THE GAZETTE OF INDIA : EXTRAORDINARY [PART ll—SEC. 3i FORM 1 (See rule 2) BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD RECTIFICATION APPLICATION 0M No. Date Seal (In the matter of -—-———-—-——-—-—----<)
1. Name of Applicant
2. Address
3. Name of Counsel and address
4. Name(s) 0' Respondent (s) with address [In case of foreign respondenfls], the address for service in India, If any. may be furnished]
5. Rellef claimed and relevant Sections
6. Particulars of pamllel or collateral proceedings
7. In application for rectification in respect of Geographical Indication [ with details, viz.. date of application, date of advertisement, date of registration (If available), etc.]
8. Facts of case [set out facts in brief along wnh the evidence and the documents relied on) 9 Grounds on which rehef IS sought for (in brief)
10. Details of fees
11. Prayer
12. Affidavit as below. in support thereof Dated this ............. Day of ............. Place ............. Signature of the applicant List of documents: The proof affidavit along with the documents shall be Ned. [ For example, Annexure-l: Copy of registration certificate obtained by the respondent in respect 0' the impugned GI. Annexure-Z and so on: Other documents.) tmll-wxin mum:m 45 T AFFIDAVIT BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD i Case No. (In the matter of --——~——~) qause title: , Applicant i vs. ...Respondent Shri -~~~ son of —-————-——- aged at—- residing at -—--~ do solemnly affirm and declare as under:~ *3“ Xxx Deponent Verification I ...................... (name of deponent/of ............. Nationality. resident of ..................... ) do hereby verify that the contents of paras ......... to .......... Are true to my/our personal knowledge and paras ....... to ......... are believed to be true on legal advnce and that I have not supptessed any material fact. Dated this day of ......... RlaceW Signature of the Deponent 46 THIEGAZE'ITEOFINDIA2EXTRA0RDINARY “MRI” Slit’. titl FORM 2 (See wk: 2) BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD APPEAL O.A. No. Date Seal (Appeal arising out o m»........-.......-..-,w__,.-. ) Cause tttle: Appellant/(rank of party before the Registry, if any) vs. Respondent/(tank of party before the Registry, if any) The appellant above named, prefers the appeal under Section 31, against the order dated ....... fcl the following among other grounds:
(a)
(b)
(t)
(d) Limttationz— For the above reasons, it IS prayed ......................... Affidavit, as below. in support thereof Signature of the Appellant [wmll-uu 3m] mam :swnm 47 AFFIDAVIT BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD Case No. (In the matter of ~~—-—-) Cause title: Appellant vs. ...Respondent Shri ~—-—-—« son of -————-- aged at —-—-- residing at ~-—-~ do solemnly affirm and declare as under.» Xxx Xxx Deponent Verification t ..................... (name of deponent/of ............. Nationality, resident of ..................... ) do hereby verify that the contents of paras ......... to are true to my/our personal knowledge and paras ....... to ......... are believed to be true on legal advice and that I/we have not suppressed any material fact Dated this ............ day of ......... Place .................. Signature of the Deponent 48 THE GAZETTE OF INDIA : EXTRAORDINARY )PAI’tT ll «SEC. II I = FORM 3 (See rule 2) BEFORE THE INTELLEG'UAL PROPERTY APPELLATE BOARD [Application for condoning the delay in filing Appeal under Section 31(2) of the Geographical Indication on Goods (Registration and Protection) Act, 1999) M.P.No. Date Sea! (In the matter of -»—-—-__—.._-____.)
1. Name of AppeIlant
2. Address
3. Name of Counsel and address
4. Name(s) of Respondent (s) with address [In case of foreign respondentIs), the address for service in India, it any, may be furnished]
5. Period of delay
6. Grounds.
7. Prayer Affidavit, as below, in support thereof Dated this ............. Day of ............. Place ................... Signature of the petitioner [wll-mstm mam:m 49 AFFIDAVIT BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD CaseNo. (In the matter of ~--——-) Cause title: Appellant vs. ...Respondent Shrl --——--~ son of -——--—--—-—- aged at —--—- residing at ..... do soIemnly affirm and declare as under:— Xxx Xxx Deponent VerificatIon I.(name of deponent/of ............. Nationality, resident of ..................... ) do hereby verify that the contents of paras ......... to .......... are true to my/our personal knowledge and paras ....... to ......... are believed to’ be true on legaI advice and that I/we have not suppressed any material fact. Dated thIs .. PIacej ............... ...... day of........ Signature of the Deponent 50 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II~SEC. 3( I 1 t The Second Schedule (See rule 3) Fees Sl.No. DescriptIon Fees (Rs) Corresponding Fo Number
(1) I2) ' (3) I4)
1. Application for rectification k 5,000 ‘Fom 1
2. Appeal 5,000 form 2,
3. Petition fov condoning delay In flung appeal. 2.500 for delay of Form 3 per month or pan thereof [No. F. 7/11/2012-IPR-l/IMB o.v. PRASAD, ILSecy mmby theW.Gamma“ ortnda nus. Km: Road. szqum. New Ddhl‘l um: Ind Muted hy the Cmquk-z nthmm-n. lklhi- I must