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