Vidhi Codex

Geographical Indications of Goods Act, 1999

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

Corporate199988 sections9 chapters

The Geographical Indications of Goods (Registration and Protection) Act, 1999, regulates the registration and legal protection of specific names or indications used on agricultural, natural, or manufactured products that have qualities uniquely tied to their specific geographic origin. This specific law primarily applies to the genuine producers, associations, and authorized users of these regional goods, allowing them to formally register their unique products. This legislation matters because it prevents unauthorized businesses from misusing these regional names to sell fake goods, thereby protecting consumers from deception while simultaneously boosting the economic prosperity and export potential of genuine local Indian producers.

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Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions and interpretation.

Chapter II THE REGISTER AND CONDITIONS FOR REGISTRATION →

  1. 3Registrar of Geographical Indications.
  2. 4Power of Registrar to withdraw or transfer cases, etc.
  3. 5Geographical Indications Registry and offices thereof.
  4. 6Register of Geographical Indications.
  5. 7Part A and Part B of the register.
  6. 8Registration to be in respect of particular goods and area.
  7. 9Prohibition of registration of certain geographical indications.
  8. 10Registration of homonymous geographical indications.

Chapter III PROCEDURE FOR AND DURATION OF REGISTRATION →

  1. 11Application for registration.
  2. 12Withdrawal of acceptance.
  3. 13Advertisement of application.
  4. 14Opposition to registration.
  5. 15Correction and amendment.
  6. 16Registration.
  7. 17Application for registration as authorised user.
  8. 18Duration, renewal, removal and restoration of registration.
  9. 19Effect of removal from register for failure to pay fee for renewal.

Chapter IV EFFECT OF REGISTRATION →

  1. 20No action for infringement of unregistered geographical indication.
  2. 21Rights conferred by registration.
  3. 22Infringement or registered geographical indications.
  4. 23Registration to be prima facie evidence of validity.
  5. 24Prohibition of assignment or transmission, etc.

Chapter V SPECIAL, PROVISIONS RELATING TO TRADE MARK AND PRIOR USERS →

  1. 25Prohibition of registration of geographical indication as trade mark.
  2. 26Protection to certain trade marks.

Chapter VI RECTIFICATION AND CORRECTION OF THE REGISTER →

  1. 27Power to cancel or vary registration and to rectify the register.
  2. 28Correction of register.
  3. 29Alteration of registered geographical indications.
  4. 30Adaptation of entries in register to amend or substitute classification of goods.

Chapter VII APPEALS →

  1. 31Appeals to the High Court.
  2. 32Bar of jurisdiction of courts, etc.
  3. 33Procedure of the Appellate Board.
  4. 34Procedure for application for rectification, etc., before High Court.
  5. 35Appearance of Registrar in legal proceedings.
  6. 36Costs of Registrar in proceedings before Appellate Board.

Chapter VIII OFFENCES, PENALTIES AND PROCEDURE →

  1. 37Meaning of applying geographical indications.
  2. 37AAdjudication of penalties.
  3. 37BAppeal.
  4. 38Falsifying and falsely applying geographical indications.
  5. 39Penalty for applying false geographical indications.
  6. 40Penalty for selling goods to which false geographical indication is applied.
  7. 41Enhanced penalty on second or subsequent conviction.
  8. 42Penalty for falsely representing a geographical indication as registered.
  9. 43Omitted.
  10. 44Omitted.
  11. 45No offence in certain cases.
  12. 46Forfeiture of goods.
  13. 47Exemption of certain persons employed in ordinary course of business.
  14. 48Procedure where invalidity of registration is pleaded by the accused.
  15. 49Offences by companies.
  16. 50Cognizance of certain offences and the powers of police officer for search and seizure.
  17. 51Costs of defence of prosecution.
  18. 52Limitation of prosecution.
  19. 53Information as to commission of offence.
  20. 54Punishment for abetement in India of acts done out of India.

Chapter IX MISCELLANEOUS →

  1. 55Protection of action taken in good faith.
  2. 56Certain persons to be public servants.
  3. 57Stay of proceedings where the validity of registration of the geographical indication is questioned etc.
  4. 58Application for rectification of register to be made to High Court in certain cases.
  5. 59Implied warranty on sale of indicated goods.
  6. 60Powers of Registrar.
  7. 61Exercise of discretionary power by Registrar.
  8. 62Evidence before Registrar.
  9. 63Death of party to a proceeding.
  10. 64Extension of time.
  11. 65Abandonment.
  12. 66Suit for infringement, etc., to be instituted before district court.
  13. 67Relief in suit for infringement or for passing off.
  14. 68Authorised user to be impleaded in certain proceedings.
  15. 69Evidence of entries in register, etc., and things done by the Registrar.
  16. 70Registrar and other officers not compellable to produce register, etc.
  17. 71Power to require goods to show indication of origin.
  18. 72Certificate of validity.
  19. 73Groundless threats of legal proceedings.
  20. 74Address for service.
  21. 75Trade usages, etc., to be taken into consideration.
  22. 76Agents.
  23. 77Indexes.
  24. 78Documents open to public inspection.
  25. 79Reports of Registrar to be placed before Parliament.
  26. 80Fees and surcharge.
  27. 81Savings in respect of certain matters in Chapter VIII.
  28. 82Declaration as to title of geographical indication not registrable under the Registration Act, 1908.
  29. 83Government to be bound.
  30. 84Special provisions relating to applications for registration from citizens of convention countries.
  31. 85Provision as to reciprocity.
  32. 86Powers of Central Government to remove difficulties.

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