Contents |
Sections |
Particulars |
|
Preamble |
Chapter I |
Preliminary |
1 |
Short title, extent and commencement |
2 |
Definitions and interpretation |
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 |
Chapter III |
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 |
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. |
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 trademarks |
Chapter VI |
Rectification and Correction of the Register |
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 |
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 |
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 |
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 |