Section 2:
Definitions and interpretation.
(1) In this Act, unless the context otherwise requires,--
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(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;
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(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.
Notes:
1. Clause (a) omitted by Act 33 of 2021, s. 22 (w.e.f. 4-4-2021).
2. .Clause (p) omitted by Act 33 of 2021, s. 22 (w.e.f. 4-4-2021).