The GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999

PRELIMINARY

Section 1 — Short title, extent and commencement.

(1) This Act may be called the Geographical Indications of Goods (Registration and Protection) Act, 1999.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Browse all 87 sections
  1. 1.Short title, extent and commencement.
  2. 2.Definitions and interpretation.
  3. 3.Registrar of Geographical Indications.
  4. 4.Power of Registrar to withdraw or transfer cases, etc.
  5. 5.Geographical Indications Registry and offices thereof.
  6. 6.Register of Geographical Indications.
  7. 7.Part A and Part B of the register.
  8. 8.Registration to be in respect of particular goods and area.
  9. 9.Prohibition of registration of certain geographical indications.
  10. 10.Registration of homonymous geographical indications.
  11. 11.Application for registration.
  12. 12.Withdrawal of acceptance.
  13. 13.Advertisement of application.
  14. 14.Opposition to registration.
  15. 15.Correction and amendment.
  16. 16.Registration.
  17. 17.Application for registration as authorised user.
  18. 18.Duration, renewal, removal and restoration of registration.
  19. 19.Effect of removal from register for failure to pay fee for renewal.
  20. 20.No action for infringement of unregistered geographical indication.
  21. 21.Rights conferred by registration.
  22. 22.Infringement or registered geographical indications.
  23. 23.Registration to be prima facie evidence of validity.
  24. 24.Prohibition of assignment or transmission, etc.
  25. 25.Prohibition of registration of geographical indication as trade mark.
  26. 26.Protection to certain trade marks.
  27. 27.Power to cancel or vary registration and to rectify the register.
  28. 28.Correction of register.
  29. 29.Alteration of registered geographical indications.
  30. 30.Adaptation of entries in register to amend or substitute classification of goods.
  31. 31.Appeals to the Appellate Board.
  32. 32.Bar of jurisdiction of courts, etc.
  33. 33.Procedure of the Appellate Board.
  34. 34.Procedure for application for rectification, etc., before Appellate Board.
  35. 35.Appearance of Registrar in legal proceedings.
  36. 36.Costs of Registrar in proceedings before Appellate Board.
  37. 37.Meaning of applying geographical indications.
  38. 38.Falsifying and falsely applying geographical indications.
  39. 39.Penalty for applying false geographical indications.
  40. 40.Penalty for selling goods to which false geographical indication is applied.
  41. 41.Enhanced penalty on second or subsequent conviction.
  42. 42.Penalty for falsely representing a geographical indication as registered.
  43. 43.Penalty for improperly describing a place of business as connected with the Geographical Indications Registry.
  44. 44.Penalty for falsification of entries in the register.
  45. 45.No offence in certain cases.
  46. 46.Forfeiture of goods.
  47. 47.Exemption of certain persons employed in ordinary course of business.
  48. 48.Procedure where invalidity of registration is pleaded by the accused.
  49. 49.Offences by companies.
  50. 50.Cognizance of certain offences and the powers of police officer for search and seizure.
  51. 51.Costs of defence of prosecution.
  52. 52.Limitation of prosecution.
  53. 53.Information as to commission of offence.
  54. 54.Punishment for abetement in India of acts done out of India.
  55. 55.Protection of action taken in good faith.
  56. 56.Certain persons to be public servants.
  57. 57.Stay of proceedings where the validity of registration of the geographical indication is questioned etc.
  58. 58.Application for rectification of register to be made to Appellate Board in certain cases.
  59. 59.Implied warranty on sale of indicated goods.
  60. 60.Powers of Registrar.
  61. 61.Exercise of discretionary power by Registrar.
  62. 62.Evidence before Registrar.
  63. 63.Death of party to a proceeding.
  64. 64.Extension of time.
  65. 65.Abandonment.
  66. 66.Suit for infringement, etc., to be instituted before district court.
  67. 67.Relief in suit for infringement or for passing off.
  68. 68.Authorised user to be impleaded in certain proceedings.
  69. 69.Evidence of entries in register, etc., and things done by the Registrar.
  70. 70.Registrar and other officers not compellable to produce register, etc.
  71. 71.Power to require goods to show indication of origin.
  72. 72.Certificate of validity.
  73. 73.Groundless threats of legal proceedings.
  74. 74.Address for service.
  75. 75.Trade usages, etc., to be taken into consideration.
  76. 76.Agents.
  77. 77.Indexes.
  78. 78.Documents open to public inspection.
  79. 79.Reports of Registrar to be placed before Parliament.
  80. 80.Fees and surcharge.
  81. 81.Savings in respect of certain matters in Chapter VIII.
  82. 82.Declaration as to title of geographical indication not registrable under the Registration Act, 1908.
  83. 83.Government to be bound.
  84. 84.Special provisions relating to applications for registration from citizens of convention countries.
  85. 85.Provision as to reciprocity.
  86. 86.Powers of Central Government to remove difficulties.
  87. 87.Power to make rules.