CourtMesh

Section 2: Definitions and interpretation.

The Geographical Indications of Goods (Registration and Protection) Act, 1999Central Act · Act 48 of 1999

(1) In this Act, unless the context otherwise requires,--

* * * * *

(b) authorised user means the authorised user of a geographical indication registered under section 17;

(c) deceptively similar A geographical indication shall be deemed to be deceptively similar to another geographical indication if it so nearly resembles that other geographical indication as to be likely to deceive or cause confusion;

(d) district court has the meaning assigned to it in the Code of Civil Procedure, 1908 (5 of 1908);

(e) geographical indication, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

Explanation.--For the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be;

(f) goods means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff;

(g) indication includes any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of goods to which it applies;

(h) name includes any abbreviation of a name;

(i) package includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;

(j) prescribed means prescribed by rules made under this Act;

(k) producer, in relation to goods, means any person who,--

(i) if such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods;

(ii) if such goods are natural goods, exploits the goods;

(iii) if such goods are handicraft or industrial goods, makes or manufactures the goods,

and includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods;

(l) register means the Register of Geographical Indications referred to in section 6;

(m) registered (with its grammatical variations) means registered under this Act;

(n) registered proprietor, in relation to a geographical indication, means any association of persons or of producers or any organisation for the time being entered in the register as proprietor of the geographical indication;

(o) Registrar means the Registrar of Geographical Indications referred to in section 3;

* * * * *

(2) Words and expressions used and not defined in this Act but defined in the Trade Marks Act, 1999 (47 of 1999) shall have the meanings respectively assigned to them in that Act.

(3) In this Act, unless the context otherwise requires, any reference--

(a) to the use of a geographical indication shall be construed as a reference to the use of a printed or other visual representation of the geographical indication;

(b) to the use of a geographical indication in relation to goods shall be construed as a reference to the use of the geographical indication upon, or in any physical or in any other relation whatsoever, to such goods;

(c) to a registered geographical indication shall be construed as including a reference to a geographical indication registered in the register;

(d) to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3;

(e) to the Geographical Indications Registry shall be construed as including a reference to any office of the Geographical Indications Registry.

Where this provision sits

ActThe Geographical Indications of Goods (Registration and Protection) Act, 1999
Section2
Marginal noteDefinitions and interpretation.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • omitted, Act 33 of 2021. . Clause (a) omitted by Act 33 of 2021, s. 22 (w.e.f. 4-4-2021).
  • omitted, Act 33 of 2021. . .Clause (p) omitted by Act 33 of 2021, s. 22 (w.e.f. 4-4-2021).

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Geographical Indications of Goods (Registration and Protection) Act, 1999 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.