Section 159: Repeal and savings

Context:
(1) The Trade and Merchandise Marks Act, 1958 (43 of 1958) is hereby repealed. (2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1987), with respect to repeals, any notific ation, rule, order, requirement , registration, certificate, notice, decision, determination, direction, approval, authoris ation, consent, applica tion, request or thing made, issued, given or done under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall, if in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act. (3) The provisions of this Act shall apply to any application for registration of a trade mark pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof. (4) Subject to the provisions of section 100 and notwithstanding anything contained in any other provision of this Act, any legal proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act had not been passed. (5) Notwithstanding anything contained in this Act, where a particular use of a registered trade mark is not an infringement of a trade mark registered before the commencement of this Act, then, the continued use of that mark shall not be an infringement under this Act. (6) Notwithstanding anything contained in sub -section (2), the date of expiration of registration of a trade mark registered before the commencement of this Act shall be the date immediately after the period of seven years for which it was registered or renewed: Provided that the registration of a defensive trade mark referred to in section 47 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall cease to have effect on the date immediately after the expiry of five years of such commencement or after the expiry of the period for which it was registered or renewed, whichever is earlier. (See section 158) Year Act No. Short title Amendment 1956 1 The Companies Act, 1956 (1) In Section 20, for sub -section ( 2), the following sub-sections shall be substituted, namely:— “(2) Without prejudice to the generality of the foregoing power, a name which is identical with, or too nearly resembles,—
(i) the name by which a company in existence has been previously registered, or

Question: What does clause (i) of Section 159 state?

Answer: the name by which a company in existence has been previously registered, or


Section 159: Repeal and savings

Question: Under Section 159 (Repeal and savings), what is provided in clause (i)?

Answer: the name by which a company in existence has been previously registered, or


Section 159: Repeal and savings

Context:
(1) The Trade and Merchandise Marks Act, 1958 (43 of 1958) is hereby repealed. (2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1987), with respect to repeals, any notific ation, rule, order, requirement , registration, certificate, notice, decision, determination, direction, approval, authoris ation, consent, applica tion, request or thing made, issued, given or done under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall, if in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act. (3) The provisions of this Act shall apply to any application for registration of a trade mark pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof. (4) Subject to the provisions of section 100 and notwithstanding anything contained in any other provision of this Act, any legal proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act had not been passed. (5) Notwithstanding anything contained in this Act, where a particular use of a registered trade mark is not an infringement of a trade mark registered before the commencement of this Act, then, the continued use of that mark shall not be an infringement under this Act. (6) Notwithstanding anything contained in sub -section (2), the date of expiration of registration of a trade mark registered before the commencement of this Act shall be the date immediately after the period of seven years for which it was registered or renewed: Provided that the registration of a defensive trade mark referred to in section 47 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall cease to have effect on the date immediately after the expiry of five years of such commencement or after the expiry of the period for which it was registered or renewed, whichever is earlier. (See section 158) Year Act No. Short title Amendment 1956 1 The Companies Act, 1956 (1) In Section 20, for sub -section ( 2), the following sub-sections shall be substituted, namely:— “(2) Without prejudice to the generality of the foregoing power, a name which is identical with, or too nearly resembles,—
(ii) a registered trade mark, or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999, may be deemed to be undesirable by the Central Government within the meaning of sub-section (1). (3) The Central Government may, before deeming a name as undesirable under clause ( ii) of sub -section ( 2), consult the Registrar of Trade Marks.”. (II) In section 22, in sub-section (1),—

Question: Under Section 159 (Repeal and savings), what is provided in clause (ii)?

Answer: a registered trade mark, or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999, may be deemed to be undesirable by the Central Government within the meaning of sub-section (1).


Section 159: Repeal and savings

Question: What is laid down in clause (ii) of Section 159?

Answer: a registered trade mark, or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999, may be deemed to be undesirable by the Central Government within the meaning of sub-section (1).


Section 159: Repeal and savings

Context:
(1) The Trade and Merchandise Marks Act, 1958 (43 of 1958) is hereby repealed. (2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1987), with respect to repeals, any notific ation, rule, order, requirement , registration, certificate, notice, decision, determination, direction, approval, authoris ation, consent, applica tion, request or thing made, issued, given or done under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall, if in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act. (3) The provisions of this Act shall apply to any application for registration of a trade mark pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof. (4) Subject to the provisions of section 100 and notwithstanding anything contained in any other provision of this Act, any legal proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act had not been passed. (5) Notwithstanding anything contained in this Act, where a particular use of a registered trade mark is not an infringement of a trade mark registered before the commencement of this Act, then, the continued use of that mark shall not be an infringement under this Act. (6) Notwithstanding anything contained in sub -section (2), the date of expiration of registration of a trade mark registered before the commencement of this Act shall be the date immediately after the period of seven years for which it was registered or renewed: Provided that the registration of a defensive trade mark referred to in section 47 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall cease to have effect on the date immediately after the expiry of five years of such commencement or after the expiry of the period for which it was registered or renewed, whichever is earlier. (See section 158) Year Act No. Short title Amendment 1956 1 The Companies Act, 1956 (1) In Section 20, for sub -section ( 2), the following sub-sections shall be substituted, namely:— “(2) Without prejudice to the generality of the foregoing power, a name which is identical with, or too nearly resembles,—
(i) for the portion beginning with “if, through” and ending with “the first-mentioned company–” the following shall be substituted, namely:— “If, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by a name which,—

Question: What is laid down in clause (i) of Section 159?

Answer: for the portion beginning with “if, through” and ending with “the first-mentioned company–” the following shall be substituted, namely:— “If, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by a name which,—


Section 159: Repeal and savings

Question: In Section 159, what does clause (i) say?

Answer: for the portion beginning with “if, through” and ending with “the first-mentioned company–” the following shall be substituted, namely:— “If, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by a name which,—


Section 159: Repeal and savings

Context:
(1) The Trade and Merchandise Marks Act, 1958 (43 of 1958) is hereby repealed. (2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1987), with respect to repeals, any notific ation, rule, order, requirement , registration, certificate, notice, decision, determination, direction, approval, authoris ation, consent, applica tion, request or thing made, issued, given or done under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall, if in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act. (3) The provisions of this Act shall apply to any application for registration of a trade mark pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof. (4) Subject to the provisions of section 100 and notwithstanding anything contained in any other provision of this Act, any legal proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act had not been passed. (5) Notwithstanding anything contained in this Act, where a particular use of a registered trade mark is not an infringement of a trade mark registered before the commencement of this Act, then, the continued use of that mark shall not be an infringement under this Act. (6) Notwithstanding anything contained in sub -section (2), the date of expiration of registration of a trade mark registered before the commencement of this Act shall be the date immediately after the period of seven years for which it was registered or renewed: Provided that the registration of a defensive trade mark referred to in section 47 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall cease to have effect on the date immediately after the expiry of five years of such commencement or after the expiry of the period for which it was registered or renewed, whichever is earlier. (See section 158) Year Act No. Short title Amendment 1956 1 The Companies Act, 1956 (1) In Section 20, for sub -section ( 2), the following sub-sections shall be substituted, namely:— “(2) Without prejudice to the generality of the foregoing power, a name which is identical with, or too nearly resembles,—
(i) in the opinion of the Central Government, is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, whether under this Act or any previous companies law, the first mentioned company, or

Question: In Section 159, what does clause (i) say?

Answer: in the opinion of the Central Government, is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, whether under this Act or any previous companies law, the first mentioned company, or


Section 159: Repeal and savings

Question: What does clause (i) of Section 159 state?

Answer: in the opinion of the Central Government, is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, whether under this Act or any previous companies law, the first mentioned company, or


Section 159: Repeal and savings

Context:
(1) The Trade and Merchandise Marks Act, 1958 (43 of 1958) is hereby repealed. (2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1987), with respect to repeals, any notific ation, rule, order, requirement , registration, certificate, notice, decision, determination, direction, approval, authoris ation, consent, applica tion, request or thing made, issued, given or done under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall, if in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act. (3) The provisions of this Act shall apply to any application for registration of a trade mark pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof. (4) Subject to the provisions of section 100 and notwithstanding anything contained in any other provision of this Act, any legal proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act had not been passed. (5) Notwithstanding anything contained in this Act, where a particular use of a registered trade mark is not an infringement of a trade mark registered before the commencement of this Act, then, the continued use of that mark shall not be an infringement under this Act. (6) Notwithstanding anything contained in sub -section (2), the date of expiration of registration of a trade mark registered before the commencement of this Act shall be the date immediately after the period of seven years for which it was registered or renewed: Provided that the registration of a defensive trade mark referred to in section 47 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall cease to have effect on the date immediately after the expiry of five years of such commencement or after the expiry of the period for which it was registered or renewed, whichever is earlier. (See section 158) Year Act No. Short title Amendment 1956 1 The Companies Act, 1956 (1) In Section 20, for sub -section ( 2), the following sub-sections shall be substituted, namely:— “(2) Without prejudice to the generality of the foregoing power, a name which is identical with, or too nearly resembles,—
(ii) on an application by a registered proprietor of a trade mark, is in the opinion of the Central Government identical with, or too nearly resembles, a registered trade mark of such proprietor under the Trade Marks Act, 1999, such company,—”;

Question: What does clause (ii) of Section 159 state?

Answer: on an application by a registered proprietor of a trade mark, is in the opinion of the Central Government identical with, or too nearly resembles, a registered trade mark of such proprietor under the Trade Marks Act, 1999, such company,—”;


Section 159: Repeal and savings

Question: Under Section 159 (Repeal and savings), what is provided in clause (ii)?

Answer: on an application by a registered proprietor of a trade mark, is in the opinion of the Central Government identical with, or too nearly resembles, a registered trade mark of such proprietor under the Trade Marks Act, 1999, such company,—”;


Section 159: Repeal and savings

Context:
(1) The Trade and Merchandise Marks Act, 1958 (43 of 1958) is hereby repealed. (2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1987), with respect to repeals, any notific ation, rule, order, requirement , registration, certificate, notice, decision, determination, direction, approval, authoris ation, consent, applica tion, request or thing made, issued, given or done under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall, if in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act. (3) The provisions of this Act shall apply to any application for registration of a trade mark pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof. (4) Subject to the provisions of section 100 and notwithstanding anything contained in any other provision of this Act, any legal proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act had not been passed. (5) Notwithstanding anything contained in this Act, where a particular use of a registered trade mark is not an infringement of a trade mark registered before the commencement of this Act, then, the continued use of that mark shall not be an infringement under this Act. (6) Notwithstanding anything contained in sub -section (2), the date of expiration of registration of a trade mark registered before the commencement of this Act shall be the date immediately after the period of seven years for which it was registered or renewed: Provided that the registration of a defensive trade mark referred to in section 47 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall cease to have effect on the date immediately after the expiry of five years of such commencement or after the expiry of the period for which it was registered or renewed, whichever is earlier. (See section 158) Year Act No. Short title Amendment 1956 1 The Companies Act, 1956 (1) In Section 20, for sub -section ( 2), the following sub-sections shall be substituted, namely:— “(2) Without prejudice to the generality of the foregoing power, a name which is identical with, or too nearly resembles,—
(ii) the following proviso shall be added, namely:— “Provided that no application under clause ( ii) made by a registered proprietor of a trade mark after five years of coming to notice of registration of the company shall be considered by the Central Government.”.

Question: Under Section 159 (Repeal and savings), what is provided in clause (ii)?

Answer: the following proviso shall be added, namely:— “Provided that no application under clause ( ii) made by a registered proprietor of a trade mark after five years of coming to notice of registration of the company shall be considered by the Central Government.”.


Section 159: Repeal and savings

Question: What is laid down in clause (ii) of Section 159?

Answer: the following proviso shall be added, namely:— “Provided that no application under clause ( ii) made by a registered proprietor of a trade mark after five years of coming to notice of registration of the company shall be considered by the Central Government.”.


Section 7: Publication of particulars of registered designs

Context: The Controller shall, as soon as may be after the registration of a design, cause publication of the prescribed particulars of the design to be published in such manner as may be prescribed and thereafter the design shall be open to public inspection.

Question: Under Section 7, what does the section say?

Answer: The Controller shall, as soon as may be after the registration of a design, cause publication of the prescribed particulars of the design to be published in such manner as may be prescribed and thereafter the design shall be open to public inspection.


Section 8: Power of Controller to make orders regarding substitution of application, etc

Context: (1) If the Controller is satisfied on a claim made in the prescribed manner at any time before a design has been registered that by virtue of any assignment or agreement in writing made by the applicant or one of the applicants for registration of the design or by operation of law, the claimant would, if the design were then registered, be entitled thereto or to the in terest of the applicant therein, or to an undivided share of the design or of that interest, the Controller may, subject to the provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly, as the case may require.

Question: Under Section 8, what does sub-section (1) say?

Answer: If the Controller is satisfied on a claim made in the prescribed manner at any time before a design has been registered that by virtue of any assignment or agreement in writing made by the applicant or one of the applicants for registration of the design or by operation of law, the claimant would, if the design were then registered, be entitled thereto or to the in terest of the applicant therein, or to an undivided share of the design or of that interest, the Controller may, subject to the provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly, as the case may require.


Context: (2) No such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint applicants for registration of a design except with the consent of the other joint applicant or applicants.

Question: What is set out in sub-section (2) of Section 8?

Answer: No such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint applicants for registration of a design except with the consent of the other joint applicant or applicants.


Context:
(a) the design is identified th erein by reference to the number of the application for the registration; or
(b) there is produced to the Controller an acknowledgement by the person by whom the assignment or agreement was made that the assignment or agreement relates to the design in res pect of which that application is made; or
(c) the rights of the claimant in respect of the design have been finally established by the decision of a court; or
(d) the Controller gives directions for enabling the application to proceed or for regulating th e manner in which it should be proceeded with under sub-section (5).

Question: In Section 8, what does clause (a) of sub-section (3) specify?

Answer: the design is identified th erein by reference to the number of the application for the registration; or


Question: What does clause (b) of sub-section (3) of Section 8 provide?

Answer: there is produced to the Controller an acknowledgement by the person by whom the assignment or agreement was made that the assignment or agreement relates to the design in res pect of which that application is made; or


Question: According to Section 8, what is stated in clause (c) of sub-section (3)?

Answer: the rights of the claimant in respect of the design have been finally established by the decision of a court; or


Question: Under Section 8, what does clause (d) of sub-section (3) say?

Answer: the Controller gives directions for enabling the application to proceed or for regulating th e manner in which it should be proceeded with under sub-section (5).


Context: (4) Where one of two or more joint applicants for registration of a design dies at any time before the design has been registered, the Controller may, upon a request in that behalf made b y the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone.

Question: What is set out in sub-section (4) of Section 8?

Answer: Where one of two or more joint applicants for registration of a design dies at any time before the design has been registered, the Controller may, upon a request in that behalf made b y the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone.


Context: (5) If any dispute arises between joint applicants for registration of a design whether or in what manner the application should be proceeded with, the Controller may, upon application made to him in the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give such directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it should be proceeded with, or for both those purposes, as the case may require.

Question: In Section 8, what is provided in sub-section (5)?

Answer: If any dispute arises between joint applicants for registration of a design whether or in what manner the application should be proceeded with, the Controller may, upon application made to him in the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give such directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it should be proceeded with, or for both those purposes, as the case may require.


Section 10: Register of designs

Context: (1) There shall be kept at the patent office a book called the register of designs, wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matter as may be prescribed and such register may be maintained wholly or partly on computer, floppies or diskettes, subject to such safeguards as may be prescribed.

Question: Under Section 10, what does sub-section (1) say?

Answer: There shall be kept at the patent office a book called the register of designs, wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matter as may be prescribed and such register may be maintained wholly or partly on computer, floppies or diskettes, subject to such safeguards as may be prescribed.


Section 10: Register of designs

Context: (2) Where the register is mai ntained wholly or partly on computer floppies and diskettes under sub-section (1), any reference in this Act to any entry in the register shall be construed as the reference to entry so maintained on computer floppies or diskettes.

Question: What is set out in sub-section (2) of Section 10?

Answer: Where the register is mai ntained wholly or partly on computer floppies and diskettes under sub-section (1), any reference in this Act to any entry in the register shall be construed as the reference to entry so maintained on computer floppies or diskettes.


Section 10: Register of designs

Context: (3) The register of designs existing at the commencement of this Act shall be incorporated with and form part of the register of designs under this Act.

Question: In Section 10, what is provided in sub-section (3)?

Answer: The register of designs existing at the commencement of this Act shall be incorporated with and form part of the register of designs under this Act.


Section 10: Register of designs

Context: (4) The register of designs shall be prima facie evidence of any matter by this Act directed or authorized to be entered therein.

Question: What does sub-section (4) of Section 10 provide?

Answer: The register of designs shall be prima facie evidence of any matter by this Act directed or authorized to be entered therein.


Section 18: Information as to existence of copyright

Context: On the request of any person fu rnishing such information as may enable the Controller to identify the design, and on payment of the prescribed fee, the Controller shall inform such person whether the registration still exists in respect of the design, and, if so, in respect of what classes of articles, and shall state the date of registration, and the name and address of the registered proprietor.

Question: What does Section 18 provide?

Answer: On the request of any person fu rnishing such information as may enable the Controller to identify the design, and on payment of the prescribed fee, the Controller shall inform such person whether the registration still exists in respect of the design, and, if so, in respect of what classes of articles, and shall state the date of registration, and the name and address of the registered proprietor.


Section 19: Cancellation of registration

Context:
(a) that the design has been previously registered in India; or
(b) that it has been published in India or in any other country prior to the date of registration; or
(c) that the design is not a new or original design; or
(d) that the design is not registrable under this Act; or
(e) that it is not a design as defined under clause (d) of section 2.

Question: According to Section 19, what is stated in clause (a) of sub-section (1)?

Answer: that the design has been previously registered in India; or


Question: Under Section 19, what does clause (b) of sub-section (1) say?

Answer: that it has been published in India or in any other country prior to the date of registration; or


Question: What is set out in clause (c) of sub-section (1) of Section 19?

Answer: that the design is not a new or original design; or


Question: In Section 19, what does clause (d) of sub-section (1) specify?

Answer: that the design is not registrable under this Act; or


Question: What does clause (e) of sub-section (1) of Section 19 provide?

Answer: that it is not a design as defined under clause (d) of section 2.


Context: (2) An appeal shall lie from any order of the Controller under this section to the High Court, and the Controller may at any time refer any such petition to the High Court, and the High Court s hall decide any petition so referred.

Question: According to Section 19, what is stated in sub-section (2)?

Answer: An appeal shall lie from any order of the Controller under this section to the High Court, and the Controller may at any time refer any such petition to the High Court, and the High Court s hall decide any petition so referred.


Section 36: Appeals to the High Court

Context: (1) Where an appeal is declared by this Act to lie from the Controller to the High Court, the appeal shall be made within three months of the date of the order passed by the Controller.

Question: According to Section 36, what is stated in sub-section (1)?

Answer: Where an appeal is declared by this Act to lie from the Controller to the High Court, the appeal shall be made within three months of the date of the order passed by the Controller.


Section 36: Appeals to the High Court

Context: (2) In calculating the said period of three months, the time (if any) occupied in granting a copy of the order appealed against shall be excluded.

Question: Under Section 36, what does sub-section (2) say?

Answer: In calculating the said period of three months, the time (if any) occupied in granting a copy of the order appealed against shall be excluded.


Section 36: Appeals to the High Court

Context: (3) The High Court may, if it thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the High Court shall be final.

Question: What is set out in sub-section (3) of Section 36?

Answer: The High Court may, if it thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the High Court shall be final.


Section 36: Appeals to the High Court

Context: (4) The High Court my make rules consistent with this Act as to the conduct and procedure of all proceedings under this Act before it.

Question: In Section 36, what is provided in sub-section (4)?

Answer: The High Court my make rules consistent with this Act as to the conduct and procedure of all proceedings under this Act before it.


Section 15: Correction and amendment.

Context:
The Registrar may, on such terms, as he thinks just, at any time,
whether before or after acceptance of an application for registration under section 11, permit the
correction of any error or in connection with the application or permit an amendment of the application:
Provided that if an amendment is made to a single application referred to in sub -section ( 3) of
section 11 involving division of such application into two or m ore applications, the date of making of the
initial application shall be deemed to be the date of making of the divided applications so divided.

Question: Under Section 15, what is stated about correction and amendment?

Answer:
The Registrar may, on such terms, as he thinks just, at any time,
whether before or after acceptance of an application for registration under section 11, permit the
correction of any error or in connection with the application or permit an amendment of the application:
Provided that if an amendment is made to a single application referred to in sub -section ( 3) of
section 11 involving division of such application into two or m ore applications, the date of making of the
initial application shall be deemed to be the date of making of the divided applications so divided.


Section 15: Correction and amendment.

Question: What is laid down in the proviso to Section 15?

Answer:
if an amendment is made to a single application referred to in sub -section ( 3) of
section 11 involving division of such application into two or m ore applications, the date of making of the
initial application shall be deemed to be the date of making of the divided applications so divided.


Section 15: Correction and amendment.

Question: According to Section 15, what is provided in relation to correction and amendment?

Answer:
The Registrar may, on such terms, as he thinks just, at any time,
whether before or after acceptance of an application for registration under section 11, permit the
correction of any error or in connection with the application or permit an amendment of the application:
Provided that if an amendment is made to a single application referred to in sub -section ( 3) of
section 11 involving division of such application into two or m ore applications, the date of making of the
initial application shall be deemed to be the date of making of the divided applications so divided.


Section 21: Rights conferred by registration .

Context:
(1) Subject to the other provis ions of this Act, the
registration of a geographical indication shall, if valid, give,—
(a) to the registered proprietor of the geographical indication and the authorised user or users
thereof the right to obtain relief in respect of infringement of the ge ographical indication in t he
manner provided by this Act;
(b) to the authorised user thereof the exclusive right to the use of the geographical indication in
relation to the goods in respect of which the geographical indication is registered.
(2) The exclu sive right to the use of a geographical indication given under clause ( b) of
sub-section (1) shall be subject to any condition and limitation to which the registration is subject.
(3) Where two or more persons are authorised user s of geographical indications, which are identical
with or nearly resemble each other, the exclusive right to the use of any of those geographical indications
shall not (except so far as their respective rights are subject to any conditions or limitations entered on the
register) be deemed to have been acquired by anyone of those persons as against any other of those
persons merely by registration of the geographical indications, but each of those persons has otherwise the
same rights as against other persons as he would have if he were the sole authorised user.

Question: Under Section 21 sub-section (1), what is stated about rights conferred by registration?

Answer:
Subject to the other provis ions of this Act, the
registration of a geographical indication shall, if valid, give,—
(a) to the registered proprietor of the geographical indication and the authorised user or users
thereof the right to obtain relief in respect of infringement of the ge ographical indication in t he
manner provided by this Act;
(b) to the authorised user thereof the exclusive right to the use of the geographical indication in
relation to the goods in respect of which the geographical indication is registered.


Question: What is specified in clause (a) of sub-section (1) of Section 21?

Answer:
to the registered proprietor of the geographical indication and the authorised user or users
thereof the right to obtain relief in respect of infringement of the ge ographical indication in t he
manner provided by this Act


Question: According to clause (b) of sub-section (1) of Section 21, what is provided?

Answer:
to the authorised user thereof the exclusive right to the use of the geographical indication in
relation to the goods in respect of which the geographical indication is registered.


Question: What does Section 21 sub-section (2) provide regarding rights conferred by registration?

Answer:
The exclu sive right to the use of a geographical indication given under clause ( b) of
sub-section (1) shall be subject to any condition and limitation to which the registration is subject.


Question: Under Section 21 sub-section (3), what is stated about rights conferred by registration?

Answer:
Where two or more persons are authorised user s of geographical indications, which are identical
with or nearly resemble each other, the exclusive right to the use of any of those geographical indications
shall not (except so far as their respective rights are subject to any conditions or limitations entered on the
register) be deemed to have been acquired by anyone of those persons as against any other of those
persons merely by registration of the geographical indications, but each of those persons has otherwise the
same rights as against other persons as he would have if he were the sole authorised user.


Question: What is laid down in Section 21 concerning rights conferred by registration?

Answer:
(1) Subject to the other provis ions of this Act, the
registration of a geographical indication shall, if valid, give,—
(a) to the registered proprietor of the geographical indication and the authorised user or users
thereof the right to obtain relief in respect of infringement of the ge ographical indication in t he
manner provided by this Act;
(b) to the authorised user thereof the exclusive right to the use of the geographical indication in
relation to the goods in respect of which the geographical indication is registered.
(2) The exclu sive right to the use of a geographical indication given under clause ( b) of
sub-section (1) shall be subject to any condition and limitation to which the registration is subject.
(3) Where two or more persons are authorised user s of geographical indications, which are identical
with or nearly resemble each other, the exclusive right to the use of any of those geographical indications
shall not (except so far as their respective rights are subject to any conditions or limitations entered on the
register) be deemed to have been acquired by anyone of those persons as against any other of those
persons merely by registration of the geographical indications, but each of those persons has otherwise the
same rights as against other persons as he would have if he were the sole authorised user.


Section 28: Correction of register.

Context:
(a) correct any error in the name, address or description of the registered proprietor or the
authorised user, as the case may be, of a geographical indication, or any other entry relating to the
geographical indication on the register;
(b) enter any change in the name, address or description of the association of persons or of
producers or any ogranisation or authority, as the case may be, who is registered as proprietor of a
geographical indication on the register;
(c) cancel the entry of a geographical indication on the register;

Question: What is laid down in Section 28 concerning correction of register?

Answer:
correct any error in the name, address or description of the registered proprietor or the
authorised user, as the case may be, of a geographical indication, or any other entry relating to the
geographical indication on the register


Section 28: Correction of register.

Question: According to Section 28, what is provided in relation to correction of register?

Answer:
enter any change in the name, address or description of the association of persons or of
producers or any ogranisation or authority, as the case may be, who is registered as proprietor of a
geographical indication on the register


Section 28: Correction of register.

Question: What does Section 28 provide regarding correction of register?

Answer: cancel the entry of a geographical indication on the register


Section 28: Correction of register.

Context:
(d) strike out any goods or class or classes of goods from those in respect of which a geographical
indication is registered from the register,
and may make any consequential amendment or alteration in the certificate of registration, and for that
purpose, may require the certificate of registration to be produced to him.

Question: Under Section 28, what is stated about correction of register?

Answer:
strike out any goods or class or classes of goods from those in respect of which a geographical
indication is registered from the register,
and may make any consequential amendment or alteration in the certificate of registration, and for that
purpose, may require the certificate of registration to be produced to him.


Section 28: Correction of register.

Context:
The Registrar ma y, on application made in the prescribed manner by
the registered proprietor or the authorised user,—
(a) correct any error in the name, address or description of the registered proprietor or the
authorised user, as the case may be, of a geographical indication, or any other entry relating to the
geographical indication on the register;
(b) enter any change in the name, address or description of the association of persons or of
producers or any ogranisation or authority, as the case may be, who is registered as proprietor of a
geographical indication on the register;
(c) cancel the entry of a geographical indication on the register;
(d) strike out any goods or class or classes of goods from those in respect of which a geographical
indication is registered from the register,
and may make any consequential amendment or alteration in the certificate of registration, and for that
purpose, may require the certificate of registration to be produced to him.

Question: What is laid down in Section 28 concerning correction of register?

Answer:
The Registrar ma y, on application made in the prescribed manner by
the registered proprietor or the authorised user,—
(a) correct any error in the name, address or description of the registered proprietor or the
authorised user, as the case may be, of a geographical indication, or any other entry relating to the
geographical indication on the register;
(b) enter any change in the name, address or description of the association of persons or of
producers or any ogranisation or authority, as the case may be, who is registered as proprietor of a
geographical indication on the register;
(c) cancel the entry of a geographical indication on the register;
(d) strike out any goods or class or classes of goods from those in respect of which a geographical
indication is registered from the register,
and may make any consequential amendment or alteration in the certificate of registration, and for that
purpose, may require the certificate of registration to be produced to him.


Section 34: Procedure for application for rectification, etc., before High Court.

Context:
(1) An application for
rectification of the register made to the High Court under section 27 shall be in such form as may be
prescribed.
(2) A certified copy of every order or judgment of the High Court relating to a registered
geographical indication under this Act shall be communicated to the Registrar by the High Court and
the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in,
or rectify, the register in accordance with such order.

Question: According to Section 34 sub-section (1), what is provided in relation to procedure for application for rectification, etc., before high court?

Answer:
An application for
rectification of the register made to the High Court under section 27 shall be in such form as may be
prescribed.


Question: What does Section 34 sub-section (2) provide regarding procedure for application for rectification, etc., before high court?

Answer:
A certified copy of every order or judgment of the High Court relating to a registered
geographical indication under this Act shall be communicated to the Registrar by the High Court and
the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in,
or rectify, the register in accordance with such order.


Question: Under Section 34, what is stated about procedure for application for rectification, etc., before high court?

Answer:
(1) An application for
rectification of the register made to the High Court under section 27 shall be in such form as may be
prescribed.
(2) A certified copy of every order or judgment of the High Court relating to a registered
geographical indication under this Act shall be communicated to the Registrar by the High Court and
the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in,
or rectify, the register in accordance with such order.


Section 35: Appearance of Registrar in legal proceedings.

Context:
(1) The Registrar shall have the right to appear
and be heard—
(a) in any legal proceedings before th e High Court in which the relief sought includes
alteration or rectification of the register or in which any question relating to the practice of the
Geographical Indications Registry is raised;
(b) in any appeal to the Board from an order of the Registrar on an application for registration of a
geographical indication or authorised user—
(i) which is not opposed, and the application is either refused by the Registrar or is accepted
by him subject to any amendments, modifications, conditions or limitations, or
(ii) which has been opposed and the Registrar considers that his appearance is necessary in
the public interest,
and the Registrar shall appear in any case if so directed by the Board.
(2) Unless the High Court otherwise directs, the Regi strar may, in lieu of appearing, submit a
statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before
him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the
practice of the Geographical Indications Registry in like cases, or of other matters relevant to the issues
and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.

Question: What is laid down in Section 35 sub-section (1) concerning appearance of registrar in legal proceedings?

Answer:
The Registrar shall have the right to appear
and be heard—
(a) in any legal proceedings before th e High Court in which the relief sought includes
alteration or rectification of the register or in which any question relating to the practice of the
Geographical Indications Registry is raised;
(b) in any appeal to the Board from an order of the Registrar on an application for registration of a
geographical indication or authorised user—
(i) which is not opposed, and the application is either refused by the Registrar or is accepted
by him subject to any amendments, modifications, conditions or limitations, or
(ii) which has been opposed and the Registrar considers that his appearance is necessary in
the public interest,
and the Registrar shall appear in any case if so directed by the Board.


Question: According to clause (a) of sub-section (1) of Section 35, what is provided?

Answer:
in any legal proceedings before th e High Court in which the relief sought includes
alteration or rectification of the register or in which any question relating to the practice of the
Geographical Indications Registry is raised


Question: What does clause (b) of sub-section (1) of Section 35 provide?

Answer:
in any appeal to the Board from an order of the Registrar on an application for registration of a
geographical indication or authorised user—


Question: Under Section 35 sub-section (1), what is stated in clause (i)?

Answer:
which is not opposed, and the application is either refused by the Registrar or is accepted
by him subject to any amendments, modifications, conditions or limitations, or


Question: What is specified in clause (ii) of sub-section (1) of Section 35?

Answer:
which has been opposed and the Registrar considers that his appearance is necessary in
the public interest,
and the Registrar shall appear in any case if so directed by the Board.


Question: According to Section 35 sub-section (2), what is provided in relation to appearance of registrar in legal proceedings?

Answer:
Unless the High Court otherwise directs, the Regi strar may, in lieu of appearing, submit a
statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before
him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the
practice of the Geographical Indications Registry in like cases, or of other matters relevant to the issues
and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.


Question: What does Section 35 provide regarding appearance of registrar in legal proceedings?

Answer:
(1) The Registrar shall have the right to appear
and be heard—
(a) in any legal proceedings before th e High Court in which the relief sought includes
alteration or rectification of the register or in which any question relating to the practice of the
Geographical Indications Registry is raised;
(b) in any appeal to the Board from an order of the Registrar on an application for registration of a
geographical indication or authorised user—
(i) which is not opposed, and the application is either refused by the Registrar or is accepted
by him subject to any amendments, modifications, conditions or limitations, or
(ii) which has been opposed and the Registrar considers that his appearance is necessary in
the public interest,
and the Registrar shall appear in any case if so directed by the Board.
(2) Unless the High Court otherwise directs, the Regi strar may, in lieu of appearing, submit a
statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before
him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the
practice of the Geographical Indications Registry in like cases, or of other matters relevant to the issues
and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.


Section 50: Cognizance of certain offences and the powers of police officer for search and seizure .

Context:
(1)
No court shall take cognizance of an offence under section 42 or section 43 or section 44 except on
complaint in writing made by the Registrar or any officer authorised by him in writing:
Provided that in relation to clause ( b) of sub-section (1) of section 42, a court shall take a cognizance
of an offence on the basis of a certificate issued by the Registrar to the effect that a registered
geographical indication has been represented as registered in respect of any goods in respect of which it is
not in fact registered.
(2) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall
try an offence under this Act.
(3) The offences under section 39 or section 40 or section 41 shall be cognizable.

Question: According to Section 50 sub-section (1), what is provided in relation to cognizance of certain offences and the powers of police officer for search and seizure?

Answer:
No court shall take cognizance of an offence under section 42 or section 43 or section 44 except on
complaint in writing made by the Registrar or any officer authorised by him in writing:
Provided that in relation to clause ( b) of sub-section (1) of section 42, a court shall take a cognizance
of an offence on the basis of a certificate issued by the Registrar to the effect that a registered
geographical indication has been represented as registered in respect of any goods in respect of which it is
not in fact registered.


Question: What is laid down in the proviso to Section 50 sub-section (1)?

Answer:
in relation to clause ( b) of sub-section (1) of section 42, a court shall take a cognizance
of an offence on the basis of a certificate issued by the Registrar to the effect that a registered
geographical indication has been represented as registered in respect of any goods in respect of which it is
not in fact registered.


Question: Under Section 50 sub-section (2), what is stated about cognizance of certain offences and the powers of police officer for search and seizure?

Answer:
No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall
try an offence under this Act.


Question: What is laid down in Section 50 sub-section (3) concerning cognizance of certain offences and the powers of police officer for search and seizure?

Answer: The offences under section 39 or section 40 or section 41 shall be cognizable.


Context:
(4) Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he
satisfied that any of the offences referred to in sub -section ( 3) has been, i s being, or is likely to be,
committed, search and seize without warrant th e goods, die, block, machine, plate, other instruments or
things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as
practicable, be produced before the Judicial Magistrate of the first class or Metropolitan Magistrate, as the
case may be:
Provided that the police officer, before making any search and seizure, shall obtain the opinion of the
Registrar on the facts involved in the offence relating to geographical indication and shall ab ide by the
opinion so obtained.
(5) Any person having an interest in any article seized under sub -section (4), may, within fifteen days
of such seizure, make an application to the Judicial Magistrate of the first class or Metropolitan
Magistrate, as the case may be, for such arti cle being restored to him and the Magistrate, after hearing the
application and the prosecution, shall make such order on the application as he may deem fit.

Question: According to Section 50 sub-section (4), what is provided in relation to cognizance of certain offences and the powers of police officer for search and seizure?

Answer:
Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he
satisfied that any of the offences referred to in sub -section ( 3) has been, i s being, or is likely to be,
committed, search and seize without warrant th e goods, die, block, machine, plate, other instruments or
things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as
practicable, be produced before the Judicial Magistrate of the first class or Metropolitan Magistrate, as the
case may be:
Provided that the police officer, before making any search and seizure, shall obtain the opinion of the
Registrar on the facts involved in the offence relating to geographical indication and shall ab ide by the
opinion so obtained.


Question: What does the proviso to Section 50 sub-section (4) state?

Answer:
the police officer, before making any search and seizure, shall obtain the opinion of the
Registrar on the facts involved in the offence relating to geographical indication and shall ab ide by the
opinion so obtained.


Question: Under Section 50 sub-section (5), what is stated about cognizance of certain offences and the powers of police officer for search and seizure?

Answer:
Any person having an interest in any article seized under sub -section (4), may, within fifteen days
of such seizure, make an application to the Judicial Magistrate of the first class or Metropolitan
Magistrate, as the case may be, for such arti cle being restored to him and the Magistrate, after hearing the
application and the prosecution, shall make such order on the application as he may deem fit.


Section 57: Stay of proceedings where the validity of registration of t he geographical indication is
questioned, etc.

Context:
(1) Where in any suit for infringement of a geographical indication the defendant
pleads that registration of the geographical indication relating to plaintiff is invalid, the court trying the
suit (hereinafter referred to as the court), shall,—
(a) if any proceedings for rectification of the register to the geographical indication relating to
plaintiff or defendant are pending before the Registrar or the High Court, stay the suit pending the
final disposal of such proceedings;
(b) if no such proceedings are pending and the court is satisfied that the plea regarding the
invalidity of the registration of the geographical indication relating to plaintiff or defendant is prima
facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from
the date of the framing of the issue in order to enable the party concerned to apply to the High
Court for rectification of the register.
(2) If the party concerned proves to the court that he has made any such application as is referred to in
clause (b) of sub -section (1) within the time specified therein or within such extended time as the court
may for sufficient cause allow, the trial of the suit shall stand stayed until the final d isposal of the
rectification proceedings.

Question:
What is laid down in Section 57 sub-section (1) concerning stay of proceedings where the validity of registration of t he geographical indication is
questioned, etc?

Answer:
Where in any suit for infringement of a geographical indication the defendant
pleads that registration of the geographical indication relating to plaintiff is invalid, the court trying the
suit (hereinafter referred to as the court), shall,—
(a) if any proceedings for rectification of the register to the geographical indication relating to
plaintiff or defendant are pending before the Registrar or the High Court, stay the suit pending the
final disposal of such proceedings;
(b) if no such proceedings are pending and the court is satisfied that the plea regarding the
invalidity of the registration of the geographical indication relating to plaintiff or defendant is prima
facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from
the date of the framing of the issue in order to enable the party concerned to apply to the High
Court for rectification of the register.


Question: According to clause (a) of sub-section (1) of Section 57, what is provided?

Answer:
if any proceedings for rectification of the register to the geographical indication relating to
plaintiff or defendant are pending before the Registrar or the High Court, stay the suit pending the
final disposal of such proceedings


Question: What does clause (b) of sub-section (1) of Section 57 provide?

Answer:
if no such proceedings are pending and the court is satisfied that the plea regarding the
invalidity of the registration of the geographical indication relating to plaintiff or defendant is prima
facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from
the date of the framing of the issue in order to enable the party concerned to apply to the High
Court for rectification of the register.


Question:
Under Section 57 sub-section (2), what is stated about stay of proceedings where the validity of registration of t he geographical indication is
questioned, etc?

Answer:
If the party concerned proves to the court that he has made any such application as is referred to in
clause (b) of sub -section (1) within the time specified therein or within such extended time as the court
may for sufficient cause allow, the trial of the suit shall stand stayed until the final d isposal of the
rectification proceedings.


Context:
(3) If no such application as aforesaid has been made within the time so specified or within such
extended time as the court may allow, the issue as to the validity of the registration of the geographical
indication concerned shall be deemed to have been abandoned and the court shall proceed with the suit in
regard to the other issues in the case.
(4) The final order made in any rectification proceedings referred to in sub -section ( 1) or
sub-section (2) shall be binding upon the parties and the court shall dispose of the suit conformably to
such order in so far as it relates to the issue as to the validity of the registration of the geographical
indication.
(5) The stay of a suit for the infrin gement of a geographical indication under this section shall not
preclude the court from making any interlocutory order (including any order granting an injunction,
directing account to be kept, appointing a receiver or attaching any property), during the period of the stay
of the suit.

Question:
What is laid down in Section 57 sub-section (3) concerning stay of proceedings where the validity of registration of t he geographical indication is
questioned, etc?

Answer:
If no such application as aforesaid has been made within the time so specified or within such
extended time as the court may allow, the issue as to the validity of the registration of the geographical
indication concerned shall be deemed to have been abandoned and the court shall proceed with the suit in
regard to the other issues in the case.


Question:
According to Section 57 sub-section (4), what is provided in relation to stay of proceedings where the validity of registration of t he geographical indication is
questioned, etc?

Answer:
The final order made in any rectification proceedings referred to in sub -section ( 1) or
sub-section (2) shall be binding upon the parties and the court shall dispose of the suit conformably to
such order in so far as it relates to the issue as to the validity of the registration of the geographical
indication.


Question:
What does Section 57 sub-section (5) provide regarding stay of proceedings where the validity of registration of t he geographical indication is
questioned, etc?

Answer:
The stay of a suit for the infrin gement of a geographical indication under this section shall not
preclude the court from making any interlocutory order (including any order granting an injunction,
directing account to be kept, appointing a receiver or attaching any property), during the period of the stay
of the suit.


Section 76: Agents.

Context:
(a) a legal practitioner, or
(b) a person registered in the prescribed manner as a geographical indications agent, or
(c) a person in the sole and regular employment of the principal.

Question: What does Section 76 provide regarding agents?

Answer: a legal practitioner, or


Section 76: Agents.

Question: Under Section 76, what is stated about agents?

Answer: a person registered in the prescribed manner as a geographical indications agent, or


Section 76: Agents.

Question: What is laid down in Section 76 concerning agents?

Answer: a person in the sole and regular employment of the principal.


Section 76: Agents.

Context:
Where, by or under this Act, any act, other than the making of an affidavit, is required
to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be
done instead of by that person himself, by a person duly authorised in the prescribed manner, who is,—
(a) a legal practitioner, or
(b) a person registered in the prescribed manner as a geographical indications agent, or
(c) a person in the sole and regular employment of the principal.

Question: According to Section 76, what is provided in relation to agents?

Answer:
Where, by or under this Act, any act, other than the making of an affidavit, is required
to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be
done instead of by that person himself, by a person duly authorised in the prescribed manner, who is,—
(a) a legal practitioner, or
(b) a person registered in the prescribed manner as a geographical indications agent, or
(c) a person in the sole and regular employment of the principal.


Question: What is laid down in clause (a) of sub-section (1) of Section 21?

Answer:
to the registered proprietor of the geographical indication and the authorised user or users
thereof the right to obtain relief in respect of infringement of the ge ographical indication in t he
manner provided by this Act


Question: In Section 21 on rights conferred by registration, what does clause (b) of sub-section (1) state?

Answer:
to the authorised user thereof the exclusive right to the use of the geographical indication in
relation to the goods in respect of which the geographical indication is registered.


Question: What is laid down in clause (a) of sub-section (1) of Section 35?

Answer:
in any legal proceedings before th e High Court in which the relief sought includes
alteration or rectification of the register or in which any question relating to the practice of the
Geographical Indications Registry is raised


Question: In Section 35 on appearance of registrar in legal proceedings, what does clause (b) of sub-section (1) state?

Answer:
in any appeal to the Board from an order of the Registrar on an application for registration of a
geographical indication or authorised user—


Question: What is laid down in clause (i) of sub-section (1) of Section 35?

Answer:
which is not opposed, and the application is either refused by the Registrar or is accepted
by him subject to any amendments, modifications, conditions or limitations, or


Question: In Section 35 on appearance of registrar in legal proceedings, what does clause (ii) of sub-section (1) state?

Answer:
which has been opposed and the Registrar considers that his appearance is necessary in
the public interest,
and the Registrar shall appear in any case if so directed by the Board.


Question: What is laid down in clause (a) of sub-section (1) of Section 57?

Answer:
if any proceedings for rectification of the register to the geographical indication relating to
plaintiff or defendant are pending before the Registrar or the High Court, stay the suit pending the
final disposal of such proceedings


Question:
In Section 57 on stay of proceedings where the validity of registration of t he geographical indication is
questioned, etc, what does clause (b) of sub-section (1) state?

Answer:
if no such proceedings are pending and the court is satisfied that the plea regarding the
invalidity of the registration of the geographical indication relating to plaintiff or defendant is prima
facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from
the date of the framing of the issue in order to enable the party concerned to apply to the High
Court for rectification of the register.


Section 6: Register of Geographical Indications.

Context:
For the purposes of this A ct, a record called the Register
of geographical indica tions shall be kept at the head office of the Geographical Indications Registry,
wherein shall be entered all registered geographical indications with the names, addresses and
descriptions of the proprietors, the names , addresses and descriptions of authorised users and such other
matters relating to registered geographical indications as may be prescribed and such registers may be
maintained wholly or partly on computer.
(2) Notwithstanding anything contained in sub -section (1), it shall be lawful for the Registrar to keep
the records wholly or partly in computer floppies or diskettes or in any other electronic form, subject to
such safeguards as may be prescribed.
(3) Where s uch register is maintained wholly or partly in computer floppies or diskettes or in any
other electronic form under sub -section (2), any reference in this Act to any entry in the register shall be
construed as the reference to the entry as maintained on computer flopp ies or diskettes or in any other
electronic form, as the case may be.
(4) No notice of any trust, express or implied or constructive, shall be entered in the register and no
such notice shall be receivable by the Registrar.
(5) Subject to the superintendence and direction of the Central Government, the register shall be kept
under the control and management of the Registrar.
(6) There shall be kept at each branch office of the Geographical Indications Registry a copy of the
register and such other documents mentioned in section 78 as the Central Government may, by
notification in the Official Gazette, direct.

Question: What does Section 6 provide regarding register of geographical indications?

Answer:
For the purposes of this A ct, a record called the Register
of geographical indica tions shall be kept at the head office of the Geographical Indications Registry,
wherein shall be entered all registered geographical indications with the names, addresses and
descriptions of the proprietors, the names , addresses and descriptions of authorised users and such other
matters relating to registered geographical indications as may be prescribed and such registers may be
maintained wholly or partly on computer.


Section 23: Registration of assignments and transmissions.

Context: (1) Where a person becomes entitled by assignment or transmission to a registered layout-design, he shall apply in the prescribed manner to the Registrar to register his title, and the Registrar shall, on receipt of the application and on proof of his title to his satisfaction, register him as the proprietor of the layout-design and shall cause particulars of the assignment or transmission to be entered on the register: Provided that where the validity of an assignment of transmission is in dispute between the parties, the Registrar may refuse to register the assignment or transmission until the rights of the party have been determined by a competent court. (2) Except for the purpose of an application before the Registrar under sub-section (1) or an appeal from an order thereon, or an application under section 30 or an appeal from an order thereon, a document or instrument in respect of which no entry has been made in the register in accordance with sub-section (1) , shall not be admitted in evidence by the Registrar or the Appellate Board or any court in proof of title to the layout-design by assignment or transmission unless the Registrar or the Appellate Board or the court, as the case may be, otherwise directs. CHAPTER VI USE OF LAYOUT-DESIGN AND REGISTERED USERS

Question: What is provided in section 23(1)?

Answer: , shall not be admitted in evidence by the Registrar or the Appellate Board or any court in proof of title to the layout-design by assignment or transmission unless the Registrar or the Appellate Board or the court, as the case may be, otherwise directs.


Question: How does section 23(1) read?

Answer: , shall not be admitted in evidence by the Registrar or the Appellate Board or any court in proof of title to the layout-design by assignment or transmission unless the Registrar or the Appellate Board or the court, as the case may be, otherwise directs.


Section 46: Conditions as to making of interim order.

Context: (a) copies of such appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such appeal is made or proposed to be made; and (b) opportunity is given to such party to be heard in the matter.

Question: What does section 46 provide regarding conditions as to making of interim order?

Answer: copies of such appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such appeal is made or proposed to be made;


Question: What does section 46(a) state?

Answer: copies of such appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such appeal is made or proposed to be made;


Question: How does section 46(a) read?

Answer: copies of such appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such appeal is made or proposed to be made;


Question: What does section 46(b) state?

Answer: opportunity is given to such party to be heard in the matter.


Question: What is laid down in section 46(b)?

Answer: opportunity is given to such party to be heard in the matter.


Section 48: Procedure for application for rectification, etc., before Appellate Board.

Context: (1) An application for rectification of the register made to the Appellate Board under section 30 shall be in such form as may be prescribed. (2) A certified copy of every order or judgment of the Appellate Board relating to a registered layout- design under this Act shall be communicated to the Registrar by the Board and the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order.

Question: What is laid down in section 48 with respect to procedure for application for rectification, etc., before appellate board?

Answer: An application for rectification of the register made to the Appellate Board under section 30 shall be in such form as may be prescribed.


Question: According to section 48(1), what is specified?

Answer: An application for rectification of the register made to the Appellate Board under section 30 shall be in such form as may be prescribed.


Question: Under section 48(1), what provision is made?

Answer: An application for rectification of the register made to the Appellate Board under section 30 shall be in such form as may be prescribed.


Section 49: Appearance of Registrar in legal proceedings.

Context: (1) The Registrar shall have the right to appear and be heard— (1)(a) in any legal proceedings before the Appellate Board in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Semiconductor Integrated Circuit Layout-Design Registry is raised; (1)(b) in any appeal to the Board from an order of the Registrar on an application for registration of a layout-design— (1)(i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments or modifications, or (1)(ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board.

Question: What is laid down in section 49 with respect to appearance of registrar in legal proceedings?

Answer: The Registrar shall have the right to appear and be heard—


Question: What is provided in section 49(1)?

Answer: The Registrar shall have the right to appear and be heard—


Question: Under section 49(1), what provision is made?

Answer: The Registrar shall have the right to appear and be heard—


Question: What is provided in section 49(1)(a)?

Answer: in any legal proceedings before the Appellate Board in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Semiconductor Integrated Circuit Layout-Design Registry is raised;


Question: What is laid down in section 49(1)(a)?

Answer: in any legal proceedings before the Appellate Board in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Semiconductor Integrated Circuit Layout-Design Registry is raised;


Question: Under section 49, what is included within "in any legal proceedings before the Appellate Board in which the relief sought"?

Answer: alteration or rectification of the register or in which any question relating to the practice of the Semiconductor Integrated Circuit Layout-Design Registry is raised


Question: Under section 49(1)(b), what is stated regarding appearance of registrar in legal proceedings?

Answer: in any appeal to the Board from an order of the Registrar on an application for registration of a layout-design—


Question: What is laid down in section 49(1)(b)?

Answer: in any appeal to the Board from an order of the Registrar on an application for registration of a layout-design—


Question: What does section 49(1)(i) state?

Answer: which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments or modifications, or


Question: What is laid down in section 49(1)(i)?

Answer: which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments or modifications, or


Question: What does section 49(1)(ii) state?

Answer: which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board.


Question: How does section 49(1)(ii) read?

Answer: which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board.


Section 52: Costs of Registrar in proceedings before Appellate Board.

Context: In all proceedings under this Act before the Appellate Board the costs of the Registrar shall be in the discretion of the Board, but the Registrar shall not be ordered to pay the costs of any of the parties.

Question: What does section 52 provide regarding costs of registrar in proceedings before appellate board?

Answer: In all proceedings under this Act before the Appellate Board the costs of the Registrar shall be in the discretion of the Board, but the Registrar shall not be ordered to pay the costs of any of the parties.


Question: What does section 52 state?

Answer: In all proceedings under this Act before the Appellate Board the costs of the Registrar shall be in the discretion of the Board, but the Registrar shall not be ordered to pay the costs of any of the parties.


Question: What is laid down in section 52?

Answer: In all proceedings under this Act before the Appellate Board the costs of the Registrar shall be in the discretion of the Board, but the Registrar shall not be ordered to pay the costs of any of the parties.


Section 63: Offences by companies.

Context: (1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section— (2)(a) “company” means any body corporate and includes a firm or other association or individuals; and

Question: According to section 63(2)(a), what is specified?

Answer: “company” means any body corporate and includes a firm or other association or individuals;


Section 63: Offences by companies.

Question: Under section 63(2)(a), what provision is made?

Answer: “company” means any body corporate and includes a firm or other association or individuals;


Section 63: Offences by companies.

Question: What does "company" mean under section 63?

Answer: any body corporate and includes a firm or other association or individuals; and


Section 63: Offences by companies.

Context: (2)(b) “director”, in relation to a firm, means a partner in the firm.

Question: What is provided in section 63(2)(b)?

Answer: “director”, in relation to a firm, means a partner in the firm.


Section 63: Offences by companies.

Question: How does section 63(2)(b) read?

Answer: “director”, in relation to a firm, means a partner in the firm.


Section 63: Offences by companies.

Question: In relation to a firm, what is meant by "director"?

Answer: a partner in the firm


Section 64: Cognizance of certain offences.

Context: (a) of an offence under section 56 or section 57 except on the complaint in writing made by the registered proprietor or the registered user of a layout-design in respect of which the offence has been committed; (b) of an offence under section 58 or section 59 except on complaint in writing made by the Registrar or any officer authorised by him in writing.

Question: Under section 64, what is stated about cognizance of certain offences?

Answer: of an offence under section 56 or section 57 except on the complaint in writing made by the registered proprietor or the registered user of a layout-design in respect of which the offence has been committed;


Question: What does section 64(a) state?

Answer: of an offence under section 56 or section 57 except on the complaint in writing made by the registered proprietor or the registered user of a layout-design in respect of which the offence has been committed;


Question: How does section 64(a) read?

Answer: of an offence under section 56 or section 57 except on the complaint in writing made by the registered proprietor or the registered user of a layout-design in respect of which the offence has been committed;


Question: What does section 64(b) state?

Answer: of an offence under section 58 or section 59 except on complaint in writing made by the Registrar or any officer authorised by him in writing.


Question: What is laid down in section 64(b)?

Answer: of an offence under section 58 or section 59 except on complaint in writing made by the Registrar or any officer authorised by him in writing.


Section 87: Documents open to public inspection.

Context: (1) Save as otherwise provided in sub-section (4) of section 25,— (1)(a) the register and any document upon which any entry in the register is based; (1)(b) every notice of opposition to the registration of a layout-design application for rectification before the Registrar, counter-statement thereto, and any affidavit or document filed by the parties in any proceedings before the Registrar; and (1)(c) the indexes mentioned in section 86 and such other documents as the Central Government may, by notification in the Official Gazette, specify; shall, subject to such conditions as may be prescribed, be open to public inspection at the Semiconductor Integrated Circuits Layout-Design Registry. (2) Any person may, on an application to the Registrar and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in sub-section (1).

Question: What is laid down in section 87 with respect to documents open to public inspection?

Answer: Save as otherwise provided in sub-section (4) of section 25,—


Question: Under section 87(1), what is stated regarding documents open to public inspection?

Answer: Save as otherwise provided in sub-section (4) of section 25,—


Question: What is laid down in section 87(1)?

Answer: Save as otherwise provided in sub-section (4) of section 25,—


Question: According to section 87(1)(a), what is specified?

Answer: the register and any document upon which any entry in the register is based;


Question: What is laid down in section 87(1)(a)?

Answer: the register and any document upon which any entry in the register is based;


Question: What is provided in section 87(1)(b)?

Answer: every notice of opposition to the registration of a layout-design application for rectification before the Registrar, counter-statement thereto, and any affidavit or document filed by the parties in any proceedings before the Registrar;


Question: How does section 87(1)(b) read?

Answer: every notice of opposition to the registration of a layout-design application for rectification before the Registrar, counter-statement thereto, and any affidavit or document filed by the parties in any proceedings before the Registrar;


Question: According to section 87(1)(c), what is specified?

Answer: the indexes mentioned in section 86 and such other documents as the Central Government may, by notification in the Official Gazette, specify;


Question: How does section 87(1)(c) read?

Answer: the indexes mentioned in section 86 and such other documents as the Central Government may, by notification in the Official Gazette, specify;


Question: Under section 87(2), what is stated regarding documents open to public inspection?

Answer: Any person may, on an application to the Registrar and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in sub-section (1).


Question: How does section 87(2) read?

Answer: Any person may, on an application to the Registrar and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in sub-section (1).


Section 7: Chairperson to be Chief Executive

Context: The Chairperson shall be the Chief Executive of the Authority and shall exercise such powers and perform such duties as may be prescribed.

Question: What shall The Chairperson do under this section?

Answer: be the Chief Executive of the Authority and shall exercise such powers and perform such duties as may be prescribed


Question: What does Section 7 state about chairperson to be chief executive?

Answer: The Chairperson shall be the Chief Executive of the Authority and shall exercise such powers and perform such duties as may be prescribed


Section 16: Persons who may make application

Context: (1) An application for registration under section 14 shall be made by— (a) any person claiming to be the breeder of the variety; or (b) any successor of the breeder of the variety; or (c) any person being the assignee of the breeder of the variety in respect of the right to make such application; or (d) any farmer or group of farmers or community of farmers claiming to be the breeder of the variety; or (e) any person authorised in the prescribed manner by a person specified under clauses (a) to (d) to make application on his behalf; or (f) any university or publicly funded agricultural institution claiming to be the breeder of the variety. (2) An application under sub-section (1) may be made by any of the persons referred to therein individually or jointly with any other person.

Question: Under Section 16, who may make the application referred to in this provision?

Answer: any person claiming to be the breeder of the variety


Question: Under Section 16, who may make the application referred to in this provision?

Answer: any successor of the breeder of the variety


Question: Under Section 16, who may make the application referred to in this provision?

Answer: any person being the assignee of the breeder of the variety in respect of the right to make such application


Question: Under Section 16, who may make the application referred to in this provision?

Answer: any farmer or group of farmers or community of farmers claiming to be the breeder of the variety


Question: Under Section 16, who may make the application referred to in this provision?

Answer: any person authorised in the prescribed manner by a person specified under clauses (a) to (d) to make application on his behalf


Question: Under Section 16, who may make the application referred to in this provision?

Answer: any university or publicly funded agricultural institution claiming to be the breeder of the variety


Question: What shall An application for registration under section 14 do under this section?

Answer: be made by— (a) any person claiming to be the breeder of the variety


Question: What may An application under sub-section (1) do under this section?

Answer: be made by any of the persons referred to therein individually or jointly with any other person


Question: What does Section 16 state about persons who may make application?

Answer: (1) An application for registration under section 14 shall be made by— (a) any person claiming to be the breeder of the variety


Question: According to Section 16, what is provided regarding persons who may make application?

Answer: or (b) any successor of the breeder of the variety


Section 18: Form of application

Context: (1) Every application for registration under section 14 shall— (a) be with respect to a variety; (b) state the denomination assigned to such variety by the applicant; (c) be accompanied by an affidavit sworn by the applicant that such variety does not contain any gene or gene sequence involving terminator technology; (d) be in such form as may be specified by regulations; (e) contain a complete passport data of the parental lines from which the variety has been derived along with the geographical location in India from where the genetic material has been taken and all such information relating to the contribution, if any, of any farmer, village community, institution or organisation in breeding, evolving or developing the variety; (f) be accompanied by a statement containing a brief description of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration; (g) be accompanied by such fees as may be prescribed; (h) contain a declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired; and (i) be accompanied by such other particulars as may be prescribed: Provided that in case where the application is for the registration of farmers' variety, nothing contained in clauses (b) to (i) shall apply in respect of the application and the application shall be in such form as may be prescribed. (2) Every application referred to in sub-section (1) shall be filed in the office of the Registrar.

Question: Who shall — (a) be with respect to a variety?

Answer: Every application for registration under section 14


Section 18: Form of application

Question: What shall Every application for registration under section 14 do under this section?

Answer: — (a) be with respect to a variety


Section 18: Form of application

Question: What may be in such form as do under this section?

Answer: be specified by regulations


Section 18: Form of application

Question: What may be accompanied by such fees as do under this section?

Answer: be prescribed


Section 18: Form of application

Question: What shall Every application referred to in sub-section (1) do under this section?

Answer: be filed in the office of the Registrar


Section 18: Form of application

Context: (3) Where such application is made by virtue of a succession or an assignment of the right to apply for registration, there shall be furnished at the time of making the application, or within such period after making the application as may be prescribed, a proof of the right to make the application.

Question: Within what period is the act referred to in this provision to be done?

Answer: such period


Section 18: Form of application

Question: What does Section 18 state about form of application?

Answer: (1) Every application for registration under section 14 shall— (a) be with respect to a variety


Section 18: Form of application

Question: According to Section 18, what is provided regarding form of application?

Answer: (b) state the denomination assigned to such variety by the applicant


Section 23: Registration of essentially derived variety

Context: (1) An application for the registration of an essentially derived variety of the genera or species specified under sub-section (2) of section 29 by the Central Government shall be made to the Registrar by or on behalf of any person referred to in section 14 and in the manner specified in section 18 as if for the word "variety", the words "essentially derived variety" have been substituted therein and shall be accompanied by such documents and fees as may be prescribed. (2) When the Registrar is satisfied that the requirements of sub-section (1) have been complied with to his satisfaction, he shall forward the application with his report and all the relevant document to the Authority.

Question: Who shall forward the application with his report and all the relevant document to the Authority?

Answer: When the Registrar is satisfied that the requirements of sub-section (1) have been complied with to his satisfaction, he


Question: What shall When the Registrar is satisfied that the requirements of sub-section (1) have been complied with to his satisfaction, he do under this section?

Answer: forward the application with his report and all the relevant document to the Authority


Context: (3) On receipt of an application under sub-section (2), the Authority shall get examined such essentially derived variety to determine as to whether the essentially derived variety is a variety derived from the initial variety by conducting such tests and following such procedure as may be prescribed. (4) When the Authority is satisfied on the report of the test referred to in sub-section (3) that the essentially derived variety has been derived from the initial variety, it may direct the Registrar to register such essentially derived variety and the Registrar shall comply with the direction of the Authority.

Question: Who shall get examined such essentially derived variety to determine as to whether the essentially derived variety is a variety de?

Answer: On receipt of an application under sub-section (2), the Authority


Question: What shall On receipt of an application under sub-section (2), the Authority do under this section?

Answer: get examined such essentially derived variety to determine as to whether the essentially derived variety is a variety derived from the initial variety by conducting such tests and following such procedure as may be prescribed


Context: (5) Where the Authority is not satisfied on the report of the test referred to in sub-section (3) that the essentially derived variety has been derived from the initial variety it shall refuse the application. (6) The rights of the breeder of a variety contained in section 28 shall apply to the breeder of essentially derived variety: Provided that the authorisation by the breeder of the initial variety to the breeder of essentially derived variety under sub-section (2) of section 28 may be subject to such terms and conditions as both the parties may mutually agree upon.

Question: Who shall apply to the breeder of essentially derived variety: Provided that the authorisation by the breeder of the initial varie?

Answer: The rights of the breeder of a variety contained in section 28


Question: What shall The rights of the breeder of a variety contained in section 28 do under this section?

Answer: apply to the breeder of essentially derived variety: Provided that the authorisation by the breeder of the initial variety to the breeder of essentially derived variety under sub-section (2) of section 28 may be subject to such terms and conditions as both the parties may mutually agree upon


Context: (7) An essentially derived variety shall not be registered under this section unless it satisfies the requirements of section 15 as if for the word "variety", the words "essentially derived variety" have been substituted therein. (8) When an essentially derived variety has been registered by the Registrar in compliance with the direction of the Authority under sub-section (4), the Registrar shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the Registry and send a copy thereof to the Authority and to such other authority, as may be prescribed, for information.

Question: Who shall not be registered under this section unless it satisfies the requirements of section 15 as if for the word "variety", th?

Answer: An essentially derived variety


Question: What shall An essentially derived variety do under this section?

Answer: not be registered under this section unless it satisfies the requirements of section 15 as if for the word "variety", the words "essentially derived variety" have been substituted therein


Question: According to Section 23, what is provided regarding registration of essentially derived variety?

Answer: (2) When the Registrar is satisfied that the requirements of sub-section (1) have been complied with to his satisfaction, he shall forward the application with his report and all the relevant document to the Authority


Question: What does Section 23 state about registration of essentially derived variety?

Answer: (3) On receipt of an application under sub-section (2), the Authority shall get examined such essentially derived variety to determine as to whether the essentially derived variety is a variety derived from the initial variety by conducting such tests and following such procedure as may be prescribed


Section 32: Provisions as to reciprocity

Context: Where any country declared by the Central Government in this behalf by notification in the Official Gazette under sub-section (1) of section 31 does not accord to citizens of India the same rights in respect of the registration and protection of a variety, as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person, to apply for the registration of a variety or be entitled to get a variety registered under this Act.

Question: Who shall be entitled, either solely or jointly with any other person, to apply for the registration of a variety or be entitled t?

Answer: as it accords to its own nationals, no national of such country