section 42
Penalty for falsely representing a geographical indication as registered.
The Geographical Indications of Goods (Registration and Protection) Act, 1999Corporate199988 sections9 chapters
Chapter VIII OFFENCES, PENALTIES AND PROCEDURE
Statutory text
- (1) No person shall make any representation---
- (a) with respect to a geographical indication, not being a registered geographical indication, to the effect that it is a registered geographical indication; or
- (b) to the effect that a registered geographical indication is registered in respect of any goods in respect of which it is not in fact registered; or
- (c) to the effect that registration of a geographical indication gives an exclusive right to the use thereof in any circumstances in which having regard to limitation entered on the register, the registration does not in fact give that right.
- (2) If any person contravenes any of the provisions of sub-section (1), he shall be 1[liable to penalty of a sum equal to one-half per cent. of the total sales or turnover, as the case may be, in business or of the gross receipts in profession as computed in the audited accounts of such person, or a sum equal to five lakh rupees, whichever is less ].
- (3) For the purposes of this section the use in India in relation to a geographical indication of the words "registered geographical indication" or any other expression, symbol or sign like "R.G.I." referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except---
- (a) where that word or other expression, symbol or sign is used in direct association with other words delineated in characters at least as large as those in which that word or other expression, symbol or sign is delineated and indicating that the reference to registration as a geographical indication under the law of a country outside India being a country under the law of which the registration referred to is in fact in force; or
- (b) where that other expression, symbol or sign is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a); or
- (c) where that word is used in relation to a geographical indication registered under the law of a country outside India and in relation solely to goods to be exported to that country for use in that country.
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