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Bare acts > Geographical Indications of Goods (Registration and Protection) Rules, 2002 > Rule 32
 
  


 

32. Content of application.- (1) Every application for the registration of a geographical indication shall be made in the prescribed forms and shall contain the following:

(1) a statement as to how the geographical indication serves to designate the goods as originating from the concerned territory of the country or region or locality in the country, as the case may be, in respect of specific quality, reputation or other characteristics which are due exclusively or essentially to the geographical environment, with its inherent natural and human factors, and the production, processing or preparation of which takes place in such territory, region or locality as the case may be;

(2) the class of goods to which the geographical indication relates shall apply;

(3) the geographical map of the territory of the country or region or locality in the country in which the goods are produced of originate or are being manufactured;

(4) the particulars regarding the appearance of the geographical indication as to whether it is comprised of the words or figurative elements or both;

(5) A statement containing such particulars of the producers of the concerned goods proposed to be initially registered. The statement may contain such other particulars of the producers mentioned in Section 11(2)(f) including a collective reference to all the producers of the goods in respect of which the application is made.

(6) the statement contained in the application shall also include the following:

(a) an affidavit as to how the applicant claim to represent the interest of the association of persons or producers or any organization or authority established by or under any law;

(b) The standards benchmark for the use of the geographical indication or the industry standard as regards the production, exploitation, making or manufacture of the goods having specific quality, reputation, or other characteristic of such goods that is essentially attributable to its geographical origin with the detailed description of the human creativity involved, if any or other characteristic from the definite territory of the country, region or locality in the country, as the case may be;

(c) the particulars of the mechanism to ensure that the standards, quality, integrity and consistency or other special characteristic in respect of the goods to which the geographical indication relates which are maintained by the producers, maker or manufacturers of the goods, as the case may be;

(d) three certified copies of the map of the territory, region or locality showing the title, name of publisher and date of issue along with the application;

(e) the particulars of special human skill involved or the uniqueness of the geographical environment or other inherent characteristics associated with the geographical indication to which the application relates;

(f) the full name and address of the association of persons or organisation or authority representing the interest of the producers of the concerned goods;

(g) particulars of the inspection structure, if any, to regulate the use of the geographical indication in respect of the goods for which application is made in the definite territory region or locality mentioned in the application;

(h) where the geographical indication is a homonymous indication to an already registered geographical indication, the material factors differentiating the application from the registered geographical indications and particulars of protective measures adopted by the applicant to ensure consumers of such goods are not confused or mislead or confused in consequence of such registration;

(2). Acknowledgement of receipt of applications.- Every application for the registration of a geographical indication in respect of any goods shall, on receipt , be acknowledged by the Registrar. The acknowledgement shall be by way of return of one of the additional representations of the geographical indication filed by the applicant along with his application with the official number of the application duly entered thereon.

 

 

 

 

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