Act 48 of 1999

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

An Act to provide for the registration and better protection of geographical indications relating to goods.

  • Ministry of Commerce and Industry
  • Department of Promotion of Industry and Internal Trade
  • Enacted 1999-12-30
  • 87 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Definitions and interpretation. Read
3 Registrar of Geographical Indications. Read
4 Power of Registrar to withdraw or transfer cases, etc. Read
5 Geographical Indications Registry and offices thereof. Read
6 Register of Geographical Indications. Read
7 Part A and Part B of the register. Read
8 Registration to be in respect of particular goods and area. Read
9 Prohibition of registration of certain geographical indications. Read
10 Registration of homonymous geographical indications. Read
11 Application for registration. Read
12 Withdrawal of acceptance. Read
13 Advertisement of application. Read
14 Opposition to registration. Read
15 Correction and amendment. Read
16 Registration. Read
17 Application for registration as authorised user. Read
18 Duration, renewal, removal and restoration of registration. Read
19 Effect of removal from register for failure to pay fee for renewal. Read
20 No action for infringement of unregistered geographical indication. Read
21 Rights conferred by registration. Read
22 Infringement or registered geographical indications. Read
23 Registration to be prima facie evidence of validity. Read
24 Prohibition of assignment or transmission, etc. Read
25 Prohibition of registration of geographical indication as trade mark. Read
26 Protection to certain trade marks. Read
27 Power to cancel or vary registration and to rectify the register. Read
28 Correction of register. Read
29 Alteration of registered geographical indications. Read
30 Adaptation of entries in register to amend or substitute classification of goods. Read
31 Appeals to the High Court.Read
32 Bar of jurisdiction of courts, etc. Read
33 Procedure of the Appellate Board. Read
34 Procedure for application for rectification, etc., before High Court.Read
35 Appearance of Registrar in legal proceedings. Read
36 Costs of Registrar in proceedings before Appellate Board. Read
37 Meaning of applying geographical indications. Read
38 Falsifying and falsely applying geographical indications. Read
39 Penalty for applying false geographical indications. Read
40 Penalty for selling goods to which false geographical indication is applied. Read
41 Enhanced penalty on second or subsequent conviction. Read
42 Penalty for falsely representing a geographical indication as registered. Read
43 Penalty for improperly describing a place of business as connected with the Geographical Indications Registry. Read
44 Penalty for falsification of entries in the register. Read
45 No offence in certain cases. Read
46 Forfeiture of goods. Read
47 Exemption of certain persons employed in ordinary course of business. Read
48 Procedure where invalidity of registration is pleaded by the accused. Read
49 Offences by companies. Read
50 Cognizance of certain offences and the powers of police officer for search and seizure. Read
51 Costs of defence of prosecution. Read
52 Limitation of prosecution. Read
53 Information as to commission of offence. Read
54 Punishment for abetement in India of acts done out of India. Read
55 Protection of action taken in good faith. Read
56 Certain persons to be public servants. Read
57 Stay of proceedings where the validity of registration of the geographical indication is questioned etc. Read
58 Application for rectification of register to be made to High Court in certain cases.Read
59 Implied warranty on sale of indicated goods. Read
60 Powers of Registrar. Read
61 Exercise of discretionary power by Registrar. Read
62 Evidence before Registrar. Read
63 Death of party to a proceeding. Read
64 Extension of time. Read
65 Abandonment. Read
66 Suit for infringement, etc., to be instituted before district court. Read
67 Relief in suit for infringement or for passing off. Read
68 Authorised user to be impleaded in certain proceedings. Read
69 Evidence of entries in register, etc., and things done by the Registrar. Read
70 Registrar and other officers not compellable to produce register, etc. Read
71 Power to require goods to show indication of origin. Read
72 Certificate of validity. Read
73 Groundless threats of legal proceedings. Read
74 Address for service. Read
75 Trade usages, etc., to be taken into consideration. Read
76 Agents. Read
77 Indexes. Read
78 Documents open to public inspection. Read
79 Reports of Registrar to be placed before Parliament. Read
80 Fees and surcharge. Read
81 Savings in respect of certain matters in Chapter VIII. Read
82 Declaration as to title of geographical indication not registrable under the Registration Act, 1908. Read
83 Government to be bound. Read
84 Special provisions relating to applications for registration from citizens of convention countries. Read
85 Provision as to reciprocity. Read
86 Powers of Central Government to remove difficulties. Read
87 Power to make rules. Read
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