An application may be made to the Registrar in respect of goods notified by the Central Government under sub-section (2) of section 22 for additional protection for a registered geographical indications in Form GI-9 accompanied by prescribed fee in triplicate along with a Statement of Case. Such case shall be furnished in triplicate and shall be accompanied with the copy of the notification issued.
78. The application shall be made jointly by the registered proprietor of the geographical indication in India and by all the producers of the geographical indication whose name has been entered in the register as authorised user in Part B.
79. Consideration by the Registrar- The Registrar on receipt of the application for additional protection for such goods in respect of a registered geographical indication in India shall examine whether there are measurable attributes to the particular geographical indication in relation to the goods or classes of goods in question with special regard to the reputation of the goods or classes of goods on a global scale, which requires the additional protection envisaged under sub-section (2) of section 22 be conferred against usurpation or imitation of the geographical indication even where the true origin of the goods or classes of goods is indicated or if the registered geographical indication is used in translated form or is accompanied by terms such as “kind”, “type”, “style”, “imitation” or other like expressions.
80(1). Hearing before refusing an application.- If on consideration of the application or any other matter which the applicant may or may be required to furnish, the Registrar has any objections to the acceptance of the application or proposes to accept it subject to such conditions, as he may think right to impose, the Registrar shall communicate such objections or proposals in writing to the applicant.
(2). The decision of the Registrar under sub-rule(1) after a hearing or without a hearing if the applicant has duly communicated his observations in writing and has stated that he does not desire to be heard shall be communicated to the applicant in writing and if the applicant intends to appeal from such decisions, he may within two months from the date of such communication request the Registrar requiring him to state in writing the grounds and the material used by him in arriving at his decision.
81(1). Entry in the Register.- Where the Registrar decides to allow the geographical indication in respect of which additional protection is to be provided as envisaged under sub-section (2) of Section 22, he shall enter in the Register a summary of the grounds and the material used by him in arriving at his decision to accord additional protection to the notified goods in respect of the relevant geographical indication application.
(2). The entry in Part A of the Register shall state the date on which the application for additional protection was made, the name, description and principal place of business in India of the registered proprietor and if they do not carry on business in India their address for service in India.
CHAPTER VIII MISCELLANEOUS 82(A) Single application.-(1) Where an application for the registration of a geographical indication for goods is made under sub-section (3)of section 11, the specification of goods contained in it shall set out the classes in consecutive numerical order beginning with the lowest number and list under each class the goods appropriate to that class.
(2) If the specification of goods contained in the original application for the registration of a geographical indication lists by reference to a class or classes in the Fourth Schedule in which they do not fall, the Registrar shall require the applicant to divide the application on payment of a divisional fee in 22 Form GI – 5 to the class or classes to which the application relates together with such class fee as may be appropriate.
(3)Applications filed under sub-section 3 of section 11 when ordered to be advertised shall be published in a separate section of the Geographical Indications Journal.
(4) The Registrar shall issue a single certificate of registration in respect of an application made under sub-section 3 of section11 which has proceeded to registration.
(B) Divisional Application.-(1)Where an application is made in Form GI-5 under proviso to section 15 for the division of a single application, such an application shall be divided into two or more separate applications upon the payment of a division fee and such class fees as are appropriate.
(2) At any time before registration an applicant may request the Registrar for a division of his application for registration (the original applications) into two or more separate applications (divisional applications),indicating for each division the specification of goods. The Registrar shall treat each divisional application as a separate application for registration with the same filing date as the original application.
(3) In the case of a request to divide some, but not all, of the goods in a class, a divisional fee for separate application to be created by division shall be submitted.
(4) If the request to divide does not include necessary fee or is otherwise deficient, the Registrar will notify the applicant of deficiency. The applicant must correct any such deficiency within thirty days. If the applicant fails to correct the deficiency within the time provided, the request will be considered as abandoned and the application will be proceeded further without regard to the request.
(5) Where a request to divide an application is received, the Registrar shall assign an additional separate new serial number or numbers, as the case may be, and it will be cross referenced with the original application . Such additional separate application or applications shall be assigned same filing date as the original application.
(6) For the removal doubt, it is clarified that no new registration is effected when a single application is divided. On the contrary, application already filed are merely separated or divided into individual files.