The Geographical Indications of Goods (Registration and Protection) Act, 1999
Central Act · Act 48 of 199985 provisions
The enactment
| Long title | An Act to provide for the registration and better protection of geographical indications relating to goods. |
|---|---|
| Type | Act |
| Citation | Act 48 of 1999 |
| Year | 1999 |
| Jurisdiction | Central |
| Ministry | Ministry of Commerce and Industry |
| Status | In force as published by the source |
| Provisions published | 85 |
| Subjects | ip |
Full text, provision by provision
Every provision below opens in full, free and without an account.
- Section 1 Short title, extent and commencement.
- Section 2 Definitions and interpretation.
- Section 3 Registrar of Geographical Indications.
- Section 4 Power of Registrar to withdraw or transfer cases, etc.
- Section 5 Geographical Indications Registry and offices thereof.
- Section 6 Register of Geographical Indications.
- Section 7 Part A and Part B of the register.
- Section 8 Registration to be in respect of particular goods and area.
- Section 9 Prohibition of registration of certain geographical indications.
- Section 10 Registration of homonymous geographical indications.
- Section 11 Application for registration.
- Section 12 Withdrawal of acceptance.
- Section 13 Advertisement of application.
- Section 14 Opposition to registration.
- Section 15 Correction and amendment.
- Section 16 Registration.
- Section 17 Application for registration as authorised user.
- Section 18 Duration, renewal, removal and restoration of registration.
- Section 19 Effect of removal from register for failure to pay fee for renewal.
- Section 20 No action for infringement of unregistered geographical indication.
- Section 21 Rights conferred by registration.
- Section 22 Infringement or registered geographical indications.
- Section 23 Registration to be prima facie evidence of validity.
- Section 24 Prohibition of assignment or transmission, etc.
- Section 25 Prohibition of registration of geographical indication as trade mark.
- Section 26 Protection to certain trade marks.
- Section 27 Power to cancel or vary registration and to rectify the register.
- Section 28 Correction of register.
- Section 29 Alteration of registered geographical indications.
- Section 30 Adaptation of entries in register to amend or substitute classification of goods.
- Section 31 Appeals to the High Court.
- Section 34 Procedure for application for rectification, etc., before High Court.
- Section 35 Appearance of Registrar in legal proceedings.
- Section 37 Meaning of applying geographical indications.
- Section 37A Adjudication of penalties.
- Section 37B Appeal.
- Section 38 Falsifying and falsely applying geographical indications.
- Section 39 Penalty for applying false geographical indications.
- Section 40 Penalty for selling goods to which false geographical indication is applied.
- Section 41 Enhanced penalty on second or subsequent conviction.
- Section 42 Penalty for falsely representing a geographical indication as registered.
- Section 43 Omitted.
- Section 45 No offence in certain cases.
- Section 46 Forfeiture of goods.
- Section 47 Exemption of certain persons employed in ordinary course of business.
- Section 48 Procedure where invalidity of registration is pleaded by the accused.
- Section 49 Offences by companies.
- Section 50 Cognizance of certain offences and the powers of police officer for search and seizure.
- Section 51 Costs of defence of prosecution.
- Section 52 Limitation of prosecution.
- Section 53 Information as to commission of offence.
- Section 54 Punishment for abetement in India of acts done out of India.
- Section 55 Protection of action taken in good faith.
- Section 56 Certain persons to be public servants.
- Section 57 Stay of proceedings where the validity of registration of the geographical indication is questioned etc.
- Section 58 Application for rectification of register to be made to High Court in certain cases.
- Section 59 Implied warranty on sale of indicated goods.
- Section 60 Powers of Registrar.
- Section 61 Exercise of discretionary power by Registrar.
- Section 62 Evidence before Registrar.
- Section 63 Death of party to a proceeding.
- Section 64 Extension of time.
- Section 65 Abandonment.
- Section 66 Suit for infringement, etc., to be instituted before district court.
- Section 67 Relief in suit for infringement or for passing off.
- Section 68 Authorised user to be impleaded in certain proceedings.
- Section 69 Evidence of entries in register, etc., and things done by the Registrar.
- Section 70 Registrar and other officers not compellable to produce register, etc.
- Section 71 Power to require goods to show indication of origin.
- Section 72 Certificate of validity.
- Section 73 Groundless threats of legal proceedings.
- Section 74 Address for service.
- Section 75 Trade usages, etc., to be taken into consideration.
- Section 76 Agents.
- Section 77 Indexes.
- Section 78 Documents open to public inspection.
- Section 79 Reports of Registrar to be placed before Parliament.
- Section 80 Fees and surcharge.
- Section 81 Savings in respect of certain matters in Chapter VIII.
- Section 82 Declaration as to title of geographical indication not registrable under the Registration Act, 1908.
- Section 83 Government to be bound.
- Section 84 Special provisions relating to applications for registration from citizens of convention countries.
- Section 85 Provision as to reciprocity.
- Section 86 Powers of Central Government to remove difficulties.
- Section 87 Power to make rules.
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