Section 62: Evidence before Registrar .

Question: What does the proviso to Section 62 state?

Answer:
the Registrar may, if he think s fit, take oral evidence in lieu of, or in addition to, such
evidence by affidavit.


Section 62: Evidence before Registrar .

Context:
In any proceeding under this Act before the Registrar, eviden ce
shall be given by affidavit:
Provided that the Registrar may, if he think s fit, take oral evidence in lieu of, or in addition to, such
evidence by affidavit.

Question: What is laid down in Section 62 concerning evidence before registrar?

Answer:
In any proceeding under this Act before the Registrar, eviden ce
shall be given by affidavit:
Provided that the Registrar may, if he think s fit, take oral evidence in lieu of, or in addition to, such
evidence by affidavit.


Section 63: Death of party to a proceeding .

Context:
If a person who is a party to a proceeding under this Act (not
being a proceeding before 1*** a court) dies pending the proceeding, th e Registrar may, on request, and
on proof to his satisfaction of th e transmission of the interest of the deceased person, substitute in the
proceeding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the
deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue
without the substitution of his successor in interest.

Question: According to Section 63, what is provided in relation to death of party to a proceeding?

Answer:
If a person who is a party to a proceeding under this Act (not
being a proceeding before 1*** a court) dies pending the proceeding, th e Registrar may, on request, and
on proof to his satisfaction of th e transmission of the interest of the deceased person, substitute in the
proceeding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the
deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue
without the substitution of his successor in interest.


Question: What does Section 63 provide regarding death of party to a proceeding?

Answer:
If a person who is a party to a proceeding under this Act (not
being a proceeding before 1*** a court) dies pending the proceeding, th e Registrar may, on request, and
on proof to his satisfaction of th e transmission of the interest of the deceased person, substitute in the
proceeding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the
deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue
without the substitution of his successor in interest.


Section 64: Extension of time.

Context:
(1) If the Registrar is satisfied, on application made to him in the prescribed
manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for
doing any act (not being a time expressly provided in the Act), whether the time so specified has expired
or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the
parties accordingly.
(2) Nothing in sub -section ( 1) shall be deemed to require the Registrar to hear the parties before
disposing of an application for extension of time, and no appeal shall lie f rom any order of the Registrar
under this section.

Question: Under Section 64 sub-section (1), what is stated about extension of time?

Answer:
If the Registrar is satisfied, on application made to him in the prescribed
manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for
doing any act (not being a time expressly provided in the Act), whether the time so specified has expired
or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the
parties accordingly.


Section 64: Extension of time.

Question: What is laid down in Section 64 sub-section (2) concerning extension of time?

Answer:
Nothing in sub -section ( 1) shall be deemed to require the Registrar to hear the parties before
disposing of an application for extension of time, and no appeal shall lie f rom any order of the Registrar
under this section.


Section 64: Extension of time.

Question: According to Section 64, what is provided in relation to extension of time?

Answer:
(1) If the Registrar is satisfied, on application made to him in the prescribed
manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for
doing any act (not being a time expressly provided in the Act), whether the time so specified has expired
or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the
parties accordingly.
(2) Nothing in sub -section ( 1) shall be deemed to require the Registrar to hear the parties before
disposing of an application for extension of time, and no appeal shall lie f rom any order of the Registrar
under this section.


Section 65: Abandonment.

Context:
Where, in the opinion of the Registrar, an applicant is in default in the
prosecution of an application filed under this Act, the Registrar may, by notice require the applicant to
remedy the default within a time specified and after giving him, if so, desired, an opportunity of being
heard, treat the application as abandoned, unless the default is remedied within th e time specified in the
notice.

Question: What does Section 65 provide regarding abandonment?

Answer:
Where, in the opinion of the Registrar, an applicant is in default in the
prosecution of an application filed under this Act, the Registrar may, by notice require the applicant to
remedy the default within a time specified and after giving him, if so, desired, an opportunity of being
heard, treat the application as abandoned, unless the default is remedied within th e time specified in the
notice.


Section 65: Abandonment.

Question: Under Section 65, what is stated about abandonment?

Answer:
Where, in the opinion of the Registrar, an applicant is in default in the
prosecution of an application filed under this Act, the Registrar may, by notice require the applicant to
remedy the default within a time specified and after giving him, if so, desired, an opportunity of being
heard, treat the application as abandoned, unless the default is remedied within th e time specified in the
notice.


Section 66: Suit for infringement, etc., to be instituted before district court.

Context:
(1) No suit,—
(a) for the infringement of a registered geographical indication; or
(b) relating to any right in a registered geographical indication; or
(c) for passing of arising out of the use by the defendant of any geographical indication which is
indentical on with or deceptively similar to the geographical indication relating to the plaintiff,
whether registered or unregistered,
shall be instituted in any court inferior to a district court having jurisdiction to try the suit.
(2) For the purpose of clauses ( a) and ( b) of sub -section ( 1), a “district court having jurisdiction ”
shall, notwithstanding anything contained in the Code of Civil Procedure, 190 8 (5 of 1908), or any other
law for the time being in force, include a district court within the local limits of whose jurisdiction, at the
time of the institution of the suit or other proceeding, the person instituting the suit or proceeding, or,
where there are more than one such persons any of them, actually and voluntarily resides or carries on
business or personally works for gain.
Explanation.—For the purposes of sub -section (2), “person” includes the registered prop rietor and
the authorised user.

Question: What is laid down in Section 66 sub-section (1) concerning suit for infringement, etc., to be instituted before district court?

Answer:
No suit,—
(a) for the infringement of a registered geographical indication; or
(b) relating to any right in a registered geographical indication; or
(c) for passing of arising out of the use by the defendant of any geographical indication which is
indentical on with or deceptively similar to the geographical indication relating to the plaintiff,
whether registered or unregistered,
shall be instituted in any court inferior to a district court having jurisdiction to try the suit.


Question: According to clause (a) of sub-section (1) of Section 66, what is provided?

Answer: for the infringement of a registered geographical indication; or


Question: What does clause (b) of sub-section (1) of Section 66 provide?

Answer: relating to any right in a registered geographical indication; or


Question: Under Section 66 sub-section (1), what is stated in clause (c)?

Answer:
for passing of arising out of the use by the defendant of any geographical indication which is
indentical on with or deceptively similar to the geographical indication relating to the plaintiff,
whether registered or unregistered,
shall be instituted in any court inferior to a district court having jurisdiction to try the suit.


Question: What is laid down in Section 66 sub-section (2) concerning suit for infringement, etc., to be instituted before district court?

Answer:
For the purpose of clauses ( a) and ( b) of sub -section ( 1), a “district court having jurisdiction ”
shall, notwithstanding anything contained in the Code of Civil Procedure, 190 8 (5 of 1908), or any other
law for the time being in force, include a district court within the local limits of whose jurisdiction, at the
time of the institution of the suit or other proceeding, the person instituting the suit or proceeding, or,
where there are more than one such persons any of them, actually and voluntarily resides or carries on
business or personally works for gain.
Explanation.—For the purposes of sub -section (2), “person” includes the registered prop rietor and
the authorised user.


Question: What is explained in Explanation to Section 66 sub-section (2)?

Answer:
For the purposes of sub -section (2), “person” includes the registered prop rietor and
the authorised user.


Question: What does Section 66 provide regarding suit for infringement, etc., to be instituted before district court?

Answer:
(1) No suit,—
(a) for the infringement of a registered geographical indication; or
(b) relating to any right in a registered geographical indication; or
(c) for passing of arising out of the use by the defendant of any geographical indication which is
indentical on with or deceptively similar to the geographical indication relating to the plaintiff,
whether registered or unregistered,
shall be instituted in any court inferior to a district court having jurisdiction to try the suit.
(2) For the purpose of clauses ( a) and ( b) of sub -section ( 1), a “district court having jurisdiction ”
shall, notwithstanding anything contained in the Code of Civil Procedure, 190 8 (5 of 1908), or any other
law for the time being in force, include a district court within the local limits of whose jurisdiction, at the
time of the institution of the suit or other proceeding, the person instituting the suit or proceeding, or,
where there are more than one such persons any of them, actually and voluntarily resides or carries on
business or personally works for gain.
Explanation.—For the purposes of sub -section (2), “person” includes the registered prop rietor and
the authorised user.


Section 67: Relief in suit for infringement or for passing off.

Context:
(1) The relief which a court may grant in
any suit for infringement or for passing off referred to in section 66 includes injunction (subject to such
terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or account of profits,
together with or without any order for the delivery -up of the infringing labels and indicati ons for
destruction or erasure.
(2) The order of injunction under sub -section ( 1) may include an ex pa rte injunction or any
interlocutory order for any of the following matters, namely:—
(a) for discovery of documents;
(b) preserving of infringing goods, documents or other evidence which are related to the
subject-matter of the suit;
(c) restraining the defendant from disposing of or dealing with his assets in a manner which may
adversely affect plaintiff ’s ability to recover damages, costs or other pecuniary remedies which may
be finally awarded to the plaintiff.

Question: Under Section 67 sub-section (1), what is stated about relief in suit for infringement or for passing off?

Answer:
The relief which a court may grant in
any suit for infringement or for passing off referred to in section 66 includes injunction (subject to such
terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or account of profits,
together with or without any order for the delivery -up of the infringing labels and indicati ons for
destruction or erasure.


Question: What is laid down in Section 67 sub-section (2) concerning relief in suit for infringement or for passing off?

Answer:
The order of injunction under sub -section ( 1) may include an ex pa rte injunction or any
interlocutory order for any of the following matters, namely:—
(a) for discovery of documents;
(b) preserving of infringing goods, documents or other evidence which are related to the
subject-matter of the suit;
(c) restraining the defendant from disposing of or dealing with his assets in a manner which may
adversely affect plaintiff ’s ability to recover damages, costs or other pecuniary remedies which may
be finally awarded to the plaintiff.


Question: According to clause (a) of sub-section (2) of Section 67, what is provided?

Answer: for discovery of documents


Question: What does clause (b) of sub-section (2) of Section 67 provide?

Answer:
preserving of infringing goods, documents or other evidence which are related to the
subject-matter of the suit


Question: Under Section 67 sub-section (2), what is stated in clause (c)?

Answer:
restraining the defendant from disposing of or dealing with his assets in a manner which may
adversely affect plaintiff ’s ability to recover damages, costs or other pecuniary remedies which may
be finally awarded to the plaintiff.


Context:
(3) Notwithstanding anything contained in sub -section (1), the court shall not grant relief by way of
damages (other than nominal damages) on account of profits in any case—
(a) where in a suit for infringement the defendant satisfies the court—
(i) that at the time he commenced to use the geographical indication complained of in the suit
he was unaware and had no reasonable ground for believing that the geographical indication of
the plaintiff was on the register; and
(ii) that when he became aware of the existence and nature of t he plaintiff ’s right in the
geographical indication, he forthwith ceased to use the geographical indication in relation to good
in respect of which it was registered; or
(b) where in a suit for passing off, the defendant satisfies the court—
(i) that at the time he commenced to use the geographical indication complained of in the suit
he was unaware and had no reasonable ground for believing that the geographical indication
relating to the plaintiff was in use; and
(ii) that when he became aware of the existence and nature of the geographical indication
relating to the plaintiff he forthwith ceased to use the geographical indication complained of.

Question: What is laid down in Section 67 sub-section (3) concerning relief in suit for infringement or for passing off?

Answer:
Notwithstanding anything contained in sub -section (1), the court shall not grant relief by way of
damages (other than nominal damages) on account of profits in any case—
(a) where in a suit for infringement the defendant satisfies the court—
(i) that at the time he commenced to use the geographical indication complained of in the suit
he was unaware and had no reasonable ground for believing that the geographical indication of
the plaintiff was on the register; and
(ii) that when he became aware of the existence and nature of t he plaintiff ’s right in the
geographical indication, he forthwith ceased to use the geographical indication in relation to good
in respect of which it was registered; or
(b) where in a suit for passing off, the defendant satisfies the court—
(i) that at the time he commenced to use the geographical indication complained of in the suit
he was unaware and had no reasonable ground for believing that the geographical indication
relating to the plaintiff was in use; and
(ii) that when he became aware of the existence and nature of the geographical indication
relating to the plaintiff he forthwith ceased to use the geographical indication complained of.


Question: According to clause (a) of sub-section (3) of Section 67, what is provided?

Answer: where in a suit for infringement the defendant satisfies the court—


Question: What does clause (i) of sub-section (3) of Section 67 provide?

Answer:
that at the time he commenced to use the geographical indication complained of in the suit
he was unaware and had no reasonable ground for believing that the geographical indication of
the plaintiff was on the register; and


Question: Under Section 67 sub-section (3), what is stated in clause (ii)?

Answer:
that when he became aware of the existence and nature of t he plaintiff ’s right in the
geographical indication, he forthwith ceased to use the geographical indication in relation to good
in respect of which it was registered; or


Question: What is specified in clause (b) of sub-section (3) of Section 67?

Answer: where in a suit for passing off, the defendant satisfies the court—


Question: According to clause (i) of sub-section (3) of Section 67, what is provided?

Answer:
that at the time he commenced to use the geographical indication complained of in the suit
he was unaware and had no reasonable ground for believing that the geographical indication
relating to the plaintiff was in use; and


Question: What does clause (ii) of sub-section (3) of Section 67 provide?

Answer:
that when he became aware of the existence and nature of the geographical indication
relating to the plaintiff he forthwith ceased to use the geographical indication complained of.


Section 68: Authorised user to be impleaded in certain proceedings .

Context:
(1) In every proceeding under
Chapter VI or under section 31, every authorised user of a geographical indication to which such
proceeding relate, who is not himself an applicant in respect of an y proceeding under that Chapter or
section, shall be made a party to the proceeding.
(2) Notwithstanding anything contained in any other law, an authorised user so made a party to the
proceeding shall not be liable for any costs unless he enters an appearance and takes part in the
proceeding.

Question: Under Section 68 sub-section (1), what is stated about authorised user to be impleaded in certain proceedings?

Answer:
In every proceeding under
Chapter VI or under section 31, every authorised user of a geographical indication to which such
proceeding relate, who is not himself an applicant in respect of an y proceeding under that Chapter or
section, shall be made a party to the proceeding.


Question: What is laid down in Section 68 sub-section (2) concerning authorised user to be impleaded in certain proceedings?

Answer:
Notwithstanding anything contained in any other law, an authorised user so made a party to the
proceeding shall not be liable for any costs unless he enters an appearance and takes part in the
proceeding.


Question: According to Section 68, what is provided in relation to authorised user to be impleaded in certain proceedings?

Answer:
(1) In every proceeding under
Chapter VI or under section 31, every authorised user of a geographical indication to which such
proceeding relate, who is not himself an applicant in respect of an y proceeding under that Chapter or
section, shall be made a party to the proceeding.
(2) Notwithstanding anything contained in any other law, an authorised user so made a party to the
proceeding shall not be liable for any costs unless he enters an appearance and takes part in the
proceeding.


Section 69: Evidence of entries in register , etc., and things done by the Registrar .

Context:
(1) A copy of any
entry in the register or of any document referred to in sub -section ( 1) of section 78 purporting to be
certified by the Registrar and sealed with t he seal of th e Geographical Indications Registry shall be
admitted in evidence in all courts and in all proceedings without further proof or production of the
original.
(2) A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that
he is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having
been made, and of the contents thereof, or of the matter or things having been done or not done.

Question: What does Section 69 sub-section (1) provide regarding evidence of entries in register , etc., and things done by the registrar?

Answer:
A copy of any
entry in the register or of any document referred to in sub -section ( 1) of section 78 purporting to be
certified by the Registrar and sealed with t he seal of th e Geographical Indications Registry shall be
admitted in evidence in all courts and in all proceedings without further proof or production of the
original.


Question: Under Section 69 sub-section (2), what is stated about evidence of entries in register , etc., and things done by the registrar?

Answer:
A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that
he is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having
been made, and of the contents thereof, or of the matter or things having been done or not done.


Question: What is laid down in Section 69 concerning evidence of entries in register , etc., and things done by the registrar?

Answer:
(1) A copy of any
entry in the register or of any document referred to in sub -section ( 1) of section 78 purporting to be
certified by the Registrar and sealed with t he seal of th e Geographical Indications Registry shall be
admitted in evidence in all courts and in all proceedings without further proof or production of the
original.
(2) A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that
he is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having
been made, and of the contents thereof, or of the matter or things having been done or not done.


Section 70: Registrar and other officers not compellabl e to produce register, etc.

Context:
The Registrar or any
officer of the Geographical Indications Registry shall not, in any legal proceedings to which he is not a
party, be compellable to produce the register or any other document in his custody, the contents of w hich
can be proved by the production of a certified copy issued under this Act or to appear as a witness to
prove the matters therein recorded unless by order of the court made for special cause.

Question: According to Section 70, what is provided in relation to registrar and other officers not compellabl e to produce register, etc?

Answer:
The Registrar or any
officer of the Geographical Indications Registry shall not, in any legal proceedings to which he is not a
party, be compellable to produce the register or any other document in his custody, the contents of w hich
can be proved by the production of a certified copy issued under this Act or to appear as a witness to
prove the matters therein recorded unless by order of the court made for special cause.


Question: What does Section 70 provide regarding registrar and other officers not compellabl e to produce register, etc?

Answer:
The Registrar or any
officer of the Geographical Indications Registry shall not, in any legal proceedings to which he is not a
party, be compellable to produce the register or any other document in his custody, the contents of w hich
can be proved by the production of a certified copy issued under this Act or to appear as a witness to
prove the matters therein recorded unless by order of the court made for special cause.


Section 71: Power to require goods to show indication of origin .

Context:
(1) The Central Government may, by
notification in the Official Gazette, require that goods of any class specified in the notification which are
made or produced beyond the limits of India and imported into India, or, which are made or produced
within the limits of India, shall, from such date as may be appointed by the notification not being less than
three months from its issue, have applied to them an indication of the country or place in which they were
made or produced, or of the name and address of the manufacturer or the person for whom the goods were
manufactured.
(2) The notification may specify the manner in which such indication shall be applied, that is to say,
whether to goods themselves or in any other manner, and the times or occasions on which t he presence of
the indication shall be necessary, that is to s ay, whether on importation only, or also at the time of sale,
whether by wholesale or retail or both.
(3) No notification under this section shall be issued, unless application is made for its i ssue by
persons or associations substantially representing the interests of dealers in, or manufacturers, producers,
or users of, t he goods concerned, or unless th e Central Government is otherwise convinced that it is
necessary in the public interest to is sue the notification, with or without such inquiry, as the Central
Government may consider necessary.

Question: Under Section 71 sub-section (1), what is stated about power to require goods to show indication of origin?

Answer:
The Central Government may, by
notification in the Official Gazette, require that goods of any class specified in the notification which are
made or produced beyond the limits of India and imported into India, or, which are made or produced
within the limits of India, shall, from such date as may be appointed by the notification not being less than
three months from its issue, have applied to them an indication of the country or place in which they were
made or produced, or of the name and address of the manufacturer or the person for whom the goods were
manufactured.


Question: What is laid down in Section 71 sub-section (2) concerning power to require goods to show indication of origin?

Answer:
The notification may specify the manner in which such indication shall be applied, that is to say,
whether to goods themselves or in any other manner, and the times or occasions on which t he presence of
the indication shall be necessary, that is to s ay, whether on importation only, or also at the time of sale,
whether by wholesale or retail or both.


Question: According to Section 71 sub-section (3), what is provided in relation to power to require goods to show indication of origin?

Answer:
No notification under this section shall be issued, unless application is made for its i ssue by
persons or associations substantially representing the interests of dealers in, or manufacturers, producers,
or users of, t he goods concerned, or unless th e Central Government is otherwise convinced that it is
necessary in the public interest to is sue the notification, with or without such inquiry, as the Central
Government may consider necessary.


Context:
(4) The provisions of section 23 of the General Clauses Act, 1897 (10 of 1897) shall apply to the issue
of a notification under this section as they apply to the making of a rule or bye-law the making of which is
subject to the condition of previous publication.
(5) A notification under this section shall not apply to goods made or produced beyond the limits of
India and imported into India, if in respect of those goods, the Commissioner of Customs is satisfied at the
time of importation that they are intended fo r exportation whether after transhipment in or transit through
India or otherwise.

Question: What does Section 71 sub-section (4) provide regarding power to require goods to show indication of origin?

Answer:
The provisions of section 23 of the General Clauses Act, 1897 (10 of 1897) shall apply to the issue
of a notification under this section as they apply to the making of a rule or bye-law the making of which is
subject to the condition of previous publication.


Question: Under Section 71 sub-section (5), what is stated about power to require goods to show indication of origin?

Answer:
A notification under this section shall not apply to goods made or produced beyond the limits of
India and imported into India, if in respect of those goods, the Commissioner of Customs is satisfied at the
time of importation that they are intended fo r exportation whether after transhipment in or transit through
India or otherwise.


Section 72: Certificate of validity.

Context:
If in any legal proceedings for rectification of the register before the
High Court a decision is on contest given in favour of the registered proprietor or, as the case may be,
authorised user of the geographical indication on the issue as to th e validity of the registration of the
geographical indication or the authorised user, the High Court may grant a certificate to that effect, and
if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes
into question the said proprietor or the authorised user, as the case may be, on obtaining a final order or
judgment in his favour affirming validity of the registration of the geographical indication or the
authorised user, a s the case may be, shall unles s the said final order or judgment for sufficient reason
directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client.

Question: What is laid down in Section 72 concerning certificate of validity?

Answer:
If in any legal proceedings for rectification of the register before the
High Court a decision is on contest given in favour of the registered proprietor or, as the case may be,
authorised user of the geographical indication on the issue as to th e validity of the registration of the
geographical indication or the authorised user, the High Court may grant a certificate to that effect, and
if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes
into question the said proprietor or the authorised user, as the case may be, on obtaining a final order or
judgment in his favour affirming validity of the registration of the geographical indication or the
authorised user, a s the case may be, shall unles s the said final order or judgment for sufficient reason
directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client.


Section 72: Certificate of validity.

Question: According to Section 72, what is provided in relation to certificate of validity?

Answer:
If in any legal proceedings for rectification of the register before the
High Court a decision is on contest given in favour of the registered proprietor or, as the case may be,
authorised user of the geographical indication on the issue as to th e validity of the registration of the
geographical indication or the authorised user, the High Court may grant a certificate to that effect, and
if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes
into question the said proprietor or the authorised user, as the case may be, on obtaining a final order or
judgment in his favour affirming validity of the registration of the geographical indication or the
authorised user, a s the case may be, shall unles s the said final order or judgment for sufficient reason
directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client.


Section 73: Groundless threats of legal proceedings .

Context:
(1) Where a person, by means of circulars,
advertisements or otherwise, threatens a person with an action or proceeding for infringement of a
geographical indication which is registered, or alleged by the firs t-mentioned person to be registered, or
with some other like proceeding, a person aggriev ed may, whether the person making the threats is or is
not the registered proprietor or the authorised user of the geographical indication, bring a suit against the
first-mentioned person and may obtain a declaration to the effect that the threats are unju stifiable, and an
injunction against the continuance of the threats and may recover such damages (if any) as he has
sustained, unless the first -mentioned person satisfies the court that the geographical indication is
registered and that the acts in respect of which the proceedings were threatened, constitute, or, if done,
would constitute, an infringement of the geographical indication.
(2) The last preceding sub -section does not apply if the registered proprietor of the geographical
indication or an author ised user thereof with due diligence commences and prosecutes an action against
the person threatened for infringement of the geographical indication.
(3) Nothing in this section shall render a legal practitioner or a registered geographical indications
agent liable to an action under this section in respect of an act done by him in his professional capacity on
behalf of a client.

Question: What does Section 73 sub-section (1) provide regarding groundless threats of legal proceedings?

Answer:
Where a person, by means of circulars,
advertisements or otherwise, threatens a person with an action or proceeding for infringement of a
geographical indication which is registered, or alleged by the firs t-mentioned person to be registered, or
with some other like proceeding, a person aggriev ed may, whether the person making the threats is or is
not the registered proprietor or the authorised user of the geographical indication, bring a suit against the
first-mentioned person and may obtain a declaration to the effect that the threats are unju stifiable, and an
injunction against the continuance of the threats and may recover such damages (if any) as he has
sustained, unless the first -mentioned person satisfies the court that the geographical indication is
registered and that the acts in respect of which the proceedings were threatened, constitute, or, if done,
would constitute, an infringement of the geographical indication.


Question: Under Section 73 sub-section (2), what is stated about groundless threats of legal proceedings?

Answer:
The last preceding sub -section does not apply if the registered proprietor of the geographical
indication or an author ised user thereof with due diligence commences and prosecutes an action against
the person threatened for infringement of the geographical indication.


Question: What is laid down in Section 73 sub-section (3) concerning groundless threats of legal proceedings?

Answer:
Nothing in this section shall render a legal practitioner or a registered geographical indications
agent liable to an action under this section in respect of an act done by him in his professional capacity on
behalf of a client.


Context: (4) A suit under sub-section (1) shall not be instituted in any court inferior to a district court.

Question: According to Section 73 sub-section (4), what is provided in relation to groundless threats of legal proceedings?

Answer: A suit under sub-section (1) shall not be instituted in any court inferior to a district court.


Section 74: Address for service.

Context:
An address for service stated in an application or notice of opposition
shall, for the purposes of the application or notice of opposition be deemed to be the address of the
applicant or opponent, as the case may be, and all documents in relation to the appl ication or notice of
opposition may be served by leaving them at or sending them by post to the address for service of the
applicant or opponent, as the case may be.

Question: What does Section 74 provide regarding address for service?

Answer:
An address for service stated in an application or notice of opposition
shall, for the purposes of the application or notice of opposition be deemed to be the address of the
applicant or opponent, as the case may be, and all documents in relation to the appl ication or notice of
opposition may be served by leaving them at or sending them by post to the address for service of the
applicant or opponent, as the case may be.


Section 74: Address for service.

Question: Under Section 74, what is stated about address for service?

Answer:
An address for service stated in an application or notice of opposition
shall, for the purposes of the application or notice of opposition be deemed to be the address of the
applicant or opponent, as the case may be, and all documents in relation to the appl ication or notice of
opposition may be served by leaving them at or sending them by post to the address for service of the
applicant or opponent, as the case may be.


Section 75: Trade usages, etc., to be taken into consideration.

Context:
In any proceeding relating to a
geographical indication, the Registrar or the High Court, as the case may be, shall admit evidence of the
usages of the trade concerned and of any relevant geographical indication legitimately used by other
persons.

Question: What is laid down in Section 75 concerning trade usages, etc., to be taken into consideration?

Answer:
In any proceeding relating to a
geographical indication, the Registrar or the High Court, as the case may be, shall admit evidence of the
usages of the trade concerned and of any relevant geographical indication legitimately used by other
persons.


Question: According to Section 75, what is provided in relation to trade usages, etc., to be taken into consideration?

Answer:
In any proceeding relating to a
geographical indication, the Registrar or the High Court, as the case may be, shall admit evidence of the
usages of the trade concerned and of any relevant geographical indication legitimately used by other
persons.


Section 79: Reports of Registrar to be placed before Parliament.

Context:
The Central Government shall cause to
be placed before both Houses of Parliament once a year a report respecting the execution by or under this
Act.

Question: Under Section 79, what is stated about reports of registrar to be placed before parliament?

Answer:
The Central Government shall cause to
be placed before both Houses of Parliament once a year a report respecting the execution by or under this
Act.


Question: What is laid down in Section 79 concerning reports of registrar to be placed before parliament?

Answer:
The Central Government shall cause to
be placed before both Houses of Parliament once a year a report respecting the execution by or under this
Act.


Section 80: Fees and surcharge.

Context:
(1) There shall be paid in respect of applications and registrations and
other matters under this Act such fees and surcharge as may be prescribed by the Central Government.
(2) Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do
that act until the fee has been paid.
(3) Where a fee is payable in respect of the filing of a document at the Geographical Indications
Registry, the document shall be deemed not to have been filed at the registry until the fee has been paid.

Question: According to Section 80 sub-section (1), what is provided in relation to fees and surcharge?

Answer:
There shall be paid in respect of applications and registrations and
other matters under this Act such fees and surcharge as may be prescribed by the Central Government.


Section 80: Fees and surcharge.

Question: What does Section 80 sub-section (2) provide regarding fees and surcharge?

Answer:
Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do
that act until the fee has been paid.


Section 80: Fees and surcharge.

Question: Under Section 80 sub-section (3), what is stated about fees and surcharge?

Answer:
Where a fee is payable in respect of the filing of a document at the Geographical Indications
Registry, the document shall be deemed not to have been filed at the registry until the fee has been paid.


Section 80: Fees and surcharge.

Question: What is laid down in Section 80 concerning fees and surcharge?

Answer:
(1) There shall be paid in respect of applications and registrations and
other matters under this Act such fees and surcharge as may be prescribed by the Central Government.
(2) Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do
that act until the fee has been paid.
(3) Where a fee is payable in respect of the filing of a document at the Geographical Indications
Registry, the document shall be deemed not to have been filed at the registry until the fee has been paid.


Section 81: Savings in respect of certain matters in Chapter VIII.

Context:
(a) exempt any person from any suit or other proceeding which might, but for anything in that
Chapter, be brought against him, or
(b) be construed so as to render liable to any prosecution or punishment any servant of a master
resident in India who in good faith acts in obedience to the instructions of such master, and, on
demand made by or on behalf of the prosecutor, has given ful l information as to his ma ster and as to
the instructions which he has received from his master.

Question: According to Section 81, what is provided in relation to savings in respect of certain matters in chapter viii?

Answer:
exempt any person from any suit or other proceeding which might, but for anything in that
Chapter, be brought against him, or


Question: What does Section 81 provide regarding savings in respect of certain matters in chapter viii?

Answer:
be construed so as to render liable to any prosecution or punishment any servant of a master
resident in India who in good faith acts in obedience to the instructions of such master, and, on
demand made by or on behalf of the prosecutor, has given ful l information as to his ma ster and as to
the instructions which he has received from his master.


Context:
Nothing in Chapter VIII shall—
(a) exempt any person from any suit or other proceeding which might, but for anything in that
Chapter, be brought against him, or
(b) be construed so as to render liable to any prosecution or punishment any servant of a master
resident in India who in good faith acts in obedience to the instructions of such master, and, on
demand made by or on behalf of the prosecutor, has given ful l information as to his ma ster and as to
the instructions which he has received from his master.

Question: Under Section 81, what is stated about savings in respect of certain matters in chapter viii?

Answer:
Nothing in Chapter VIII shall—
(a) exempt any person from any suit or other proceeding which might, but for anything in that
Chapter, be brought against him, or
(b) be construed so as to render liable to any prosecution or punishment any servant of a master
resident in India who in good faith acts in obedience to the instructions of such master, and, on
demand made by or on behalf of the prosecutor, has given ful l information as to his ma ster and as to
the instructions which he has received from his master.


Section 83: Government to be bound.

Context: The provisions of this Act shall be binding on the Government.

Question: What does Section 83 provide regarding government to be bound?

Answer: The provisions of this Act shall be binding on the Government.


Section 83: Government to be bound.

Question: Under Section 83, what is stated about government to be bound?

Answer: The provisions of this Act shall be binding on the Government.


Section 84: Special provisions relating to applications for registration from citizens of convention
countries.

Context:
(1) With a view to the fulfilment of a treaty, convention or arrangement with any country or
a country which is a membe r of a group of countries or uni on of countries or Inter -Governmental
Organisations outside India which affords to citizens of India similar privileges as granted to its own
citizens, the Central Government may, by notification in the Official Gazette, declare such cou ntry or
group of countries or union of countries or Inter -Governmental Organisations to be a convention country
or convention countries for the purposes of this Act.
(2) Nothing contained in this Act or the Trade Marks Act, 1999 (47 of 1999) shall prevent a continued
and similar use of geographical indication relating to a country or a country which is a member of a group
of countries or union of countries or any Inter -Governmental Organisations, as the case may be, notified
under sub-section (1) identifying wines or spirits in connection with goods by any citizen or domiciliary
of such country who has used that geographical indication in continuou s manner with regard to such
goods or any goods relating to such goods, as the case may be, in an y part of the t erritory of that country
either—
(a) for at least ten years preceding the 15th day of April, 1994; or
(b) in good faith preceding the date referred to in clause (a).

Question:
What is laid down in Section 84 sub-section (1) concerning special provisions relating to applications for registration from citizens of convention
countries?

Answer:
With a view to the fulfilment of a treaty, convention or arrangement with any country or
a country which is a membe r of a group of countries or uni on of countries or Inter -Governmental
Organisations outside India which affords to citizens of India similar privileges as granted to its own
citizens, the Central Government may, by notification in the Official Gazette, declare such cou ntry or
group of countries or union of countries or Inter -Governmental Organisations to be a convention country
or convention countries for the purposes of this Act.


Question:
According to Section 84 sub-section (2), what is provided in relation to special provisions relating to applications for registration from citizens of convention
countries?

Answer:
Nothing contained in this Act or the Trade Marks Act, 1999 (47 of 1999) shall prevent a continued
and similar use of geographical indication relating to a country or a country which is a member of a group
of countries or union of countries or any Inter -Governmental Organisations, as the case may be, notified
under sub-section (1) identifying wines or spirits in connection with goods by any citizen or domiciliary
of such country who has used that geographical indication in continuou s manner with regard to such
goods or any goods relating to such goods, as the case may be, in an y part of the t erritory of that country
either—
(a) for at least ten years preceding the 15th day of April, 1994; or
(b) in good faith preceding the date referred to in clause (a).


Question: What does clause (a) of sub-section (2) of Section 84 provide?

Answer: for at least ten years preceding the 15th day of April, 1994; or


Question: Under Section 84 sub-section (2), what is stated in clause (b)?

Answer: in good faith preceding the date referred to in clause (a).


Question:
What is laid down in Section 84 concerning special provisions relating to applications for registration from citizens of convention
countries?

Answer:
(1) With a view to the fulfilment of a treaty, convention or arrangement with any country or
a country which is a membe r of a group of countries or uni on of countries or Inter -Governmental
Organisations outside India which affords to citizens of India similar privileges as granted to its own
citizens, the Central Government may, by notification in the Official Gazette, declare such cou ntry or
group of countries or union of countries or Inter -Governmental Organisations to be a convention country
or convention countries for the purposes of this Act.
(2) Nothing contained in this Act or the Trade Marks Act, 1999 (47 of 1999) shall prevent a continued
and similar use of geographical indication relating to a country or a country which is a member of a group
of countries or union of countries or any Inter -Governmental Organisations, as the case may be, notified
under sub-section (1) identifying wines or spirits in connection with goods by any citizen or domiciliary
of such country who has used that geographical indication in continuou s manner with regard to such
goods or any goods relating to such goods, as the case may be, in an y part of the t erritory of that country
either—
(a) for at least ten years preceding the 15th day of April, 1994; or
(b) in good faith preceding the date referred to in clause (a).


Section 85: Provision as to reciprocity.

Context:
(a) to apply for the registration of, or be registered as the proprietor of geographical indication;
(b) to apply for registration or be registered as an authorised user of a geographical indication.

Question: According to Section 85, what is provided in relation to provision as to reciprocity?

Answer: to apply for the registration of, or be registered as the proprietor of geographical indication


Question: What does Section 85 provide regarding provision as to reciprocity?

Answer: to apply for registration or be registered as an authorised user of a geographical indication.


Context:
Where any country or a country which is a member of a group of
countries or union of countries or any Inter -Governmental Organisation specified by the Central
Government in this behalf by n otification in the Official Gaze tte does not accord to citizens of India the
same rights in respect of the registration and protection of geographical indications as it accords to its own
nationals, no nationals of such country or a country which is a member of a group of countries or union or
countries or Inter-Governmental Organisations, as the case may be, shall be entitled—
(a) to apply for the registration of, or be registered as the proprietor of geographical indication;
(b) to apply for registration or be registered as an authorised user of a geographical indication.

Question: Under Section 85, what is stated about provision as to reciprocity?

Answer:
Where any country or a country which is a member of a group of
countries or union of countries or any Inter -Governmental Organisation specified by the Central
Government in this behalf by n otification in the Official Gaze tte does not accord to citizens of India the
same rights in respect of the registration and protection of geographical indications as it accords to its own
nationals, no nationals of such country or a country which is a member of a group of countries or union or
countries or Inter-Governmental Organisations, as the case may be, shall be entitled—
(a) to apply for the registration of, or be registered as the proprietor of geographical indication;
(b) to apply for registration or be registered as an authorised user of a geographical indication.


Section 87: Power to make rules.

Context:
(1) The Central Government may, by notification in the Official Gazette
and subject to the condition of previous publication, make rules to carry out the provisions of this Act.

Question: What is laid down in Section 87 sub-section (1) concerning power to make rules?

Answer:
The Central Government may, by notification in the Official Gazette
and subject to the condition of previous publication, make rules to carry out the provisions of this Act.


Section 87: Power to make rules.

Context:
(2) In particular, an d without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the matters to be included in the Register of Geographical Indications under sub -section (1),
and the safeguards to be observed in the maintenance of such register in computer floppies or
diskettes under sub-section (2) of section 6;
(b) the manner of incorporation of particulars relating to registration of geographical indications
in Part A under sub -section ( 2) and th e manner of incorporation of particulars relating to the
registration of the authorised users under sub-section (3) of section 7;
(c) the classification of goods and the manner of publication of the alphabetical index of
classification of goods and the definite territory or locality or region for the purpose of registration of
geographical indications under sub-section (1) of section 8;
(d) the form in which and the manner in which an application for registration of a geographical
indication may be made and the fees which may accompany the application under sub-section (1) and
the particulars to be made in the statement of producers of goods who proposes to be initially
registered with the registration under clause (f) of sub-section (2) of section 11;
(e) t he manner of publication of advertisement of accepted application, for registration of
geographical indications, etc., under sub -section (1), and the manner of notifying the corrections or
amendments made in the application under sub-section (2) of section 13;
(f) the manner in which and the fee which may accompany an application and the manner of
giving notice under sub-section (1) and the manner of sending counter statement under sub-section (2)
and the manner of submission of evidence and the time therefor under sub-section (4) of section 14;
(g) the form of certificate of registration under sub -section (2) and the manner of giving notice to
the applicant under sub-section (3) of section 16;
(h) the manner of applying for registration as an authorised user under sub -section ( 1) and the
manner of submitting statements and documents along with such application and the fee which may
accompany such application under sub-section (2) of section 17;
(i) the manner of making application, the time within which s uch application is to be made and
the fee payable with each application, under sub -section (3) and the time within which the Registrar
shall send notice and the manner of such notice under sub -section (4) and the form in which and the
fee which may accompany an application for renewal to be made under sub-section (5) of section 18;
(j) the manner of making applications under sub -sections (1) and (2), the manner of giving notice
under sub -section ( 4) and the manner of service of notice of rectification under sub-section ( 5) of
section 27;
(k) the manner of making an application for correction, etc., under section 28;
(l) the manner of making an application under sub -section ( 1), the manner of advertising an
application under sub -section ( 1), the time and mann er of notice by which an application may be
opposed under sub-sections (2) and (3) of section 29;
(m) the manner of advertisement under sub-section (2) of section 30;
(o) the form in which an application for rectification shall be made, under sub -section ( 1) of
section 34;
(oa) the manner of holding inquiry and imposing penalty under section 37A;
(ob) the form and manner of preferring appeal under sub-section (2) of section 37B;
(p) the manner of making an application for review under clause (c) of section 60;
(q) the time within which an application is to be made to the Registrar for exercising his
discretionary power under section 61;
(r) the manner of making an application and the fee payable therefore under sub -section ( 1) of
section 64;
(s) the manner of authorising any person to act and the manner of registration of a geographical
indications agent under section 76;
(t) the fee and surcharge payable for applications and registrations and other matters under
sub-section (1) of section 80;
(u) any other matter which is required to be, or may be, prescribed.

Question: According to clause (a) of sub-section (2) of Section 87, what is provided?

Answer:
the matters to be included in the Register of Geographical Indications under sub -section (1),
and the safeguards to be observed in the maintenance of such register in computer floppies or
diskettes under sub-section (2) of section 6


Section 87: Power to make rules.

Question: What does clause (b) of sub-section (2) of Section 87 provide?

Answer:
the manner of incorporation of particulars relating to registration of geographical indications
in Part A under sub -section ( 2) and th e manner of incorporation of particulars relating to the
registration of the authorised users under sub-section (3) of section 7


Section 87: Power to make rules.

Question: Under Section 87 sub-section (2), what is stated in clause (c)?

Answer:
the classification of goods and the manner of publication of the alphabetical index of
classification of goods and the definite territory or locality or region for the purpose of registration of
geographical indications under sub-section (1) of section 8


Section 87: Power to make rules.

Question: What is specified in clause (d) of sub-section (2) of Section 87?

Answer:
the form in which and the manner in which an application for registration of a geographical
indication may be made and the fees which may accompany the application under sub-section (1) and
the particulars to be made in the statement of producers of goods who proposes to be initially
registered with the registration under clause (f) of sub-section (2) of section 11


Section 87: Power to make rules.

Question: According to clause (e) of sub-section (2) of Section 87, what is provided?

Answer:
t he manner of publication of advertisement of accepted application, for registration of
geographical indications, etc., under sub -section (1), and the manner of notifying the corrections or
amendments made in the application under sub-section (2) of section 13


Section 87: Power to make rules.

Question: What does clause (f) of sub-section (2) of Section 87 provide?

Answer:
the manner in which and the fee which may accompany an application and the manner of
giving notice under sub-section (1) and the manner of sending counter statement under sub-section (2)
and the manner of submission of evidence and the time therefor under sub-section (4) of section 14


Section 87: Power to make rules.

Question: Under Section 87 sub-section (2), what is stated in clause (g)?

Answer:
the form of certificate of registration under sub -section (2) and the manner of giving notice to
the applicant under sub-section (3) of section 16


Section 87: Power to make rules.

Question: What is specified in clause (h) of sub-section (2) of Section 87?

Answer:
the manner of applying for registration as an authorised user under sub -section ( 1) and the
manner of submitting statements and documents along with such application and the fee which may
accompany such application under sub-section (2) of section 17


Section 87: Power to make rules.

Question: According to clause (i) of sub-section (2) of Section 87, what is provided?

Answer:
the manner of making application, the time within which s uch application is to be made and
the fee payable with each application, under sub -section (3) and the time within which the Registrar
shall send notice and the manner of such notice under sub -section (4) and the form in which and the
fee which may accompany an application for renewal to be made under sub-section (5) of section 18


Section 87: Power to make rules.

Question: What does clause (j) of sub-section (2) of Section 87 provide?

Answer:
the manner of making applications under sub -sections (1) and (2), the manner of giving notice
under sub -section ( 4) and the manner of service of notice of rectification under sub-section ( 5) of
section 27


Section 87: Power to make rules.

Question: Under Section 87 sub-section (2), what is stated in clause (k)?

Answer: the manner of making an application for correction, etc., under section 28


Section 87: Power to make rules.

Question: What is specified in clause (l) of sub-section (2) of Section 87?

Answer:
the manner of making an application under sub -section ( 1), the manner of advertising an
application under sub -section ( 1), the time and mann er of notice by which an application may be
opposed under sub-sections (2) and (3) of section 29


Section 87: Power to make rules.

Question: According to clause (m) of sub-section (2) of Section 87, what is provided?

Answer: the manner of advertisement under sub-section (2) of section 30


Section 87: Power to make rules.

Question: What does clause (o) of sub-section (2) of Section 87 provide?

Answer:
the form in which an application for rectification shall be made, under sub -section ( 1) of
section 34


Section 87: Power to make rules.

Question: Under Section 87 sub-section (2), what is stated in clause (oa)?

Answer: the manner of holding inquiry and imposing penalty under section 37A


Section 87: Power to make rules.

Question: What is specified in clause (ob) of sub-section (2) of Section 87?

Answer: the form and manner of preferring appeal under sub-section (2) of section 37B


Section 87: Power to make rules.

Question: According to clause (p) of sub-section (2) of Section 87, what is provided?

Answer: the manner of making an application for review under clause (c) of section 60


Section 87: Power to make rules.

Question: What does clause (q) of sub-section (2) of Section 87 provide?

Answer:
the time within which an application is to be made to the Registrar for exercising his
discretionary power under section 61


Section 87: Power to make rules.

Question: Under Section 87 sub-section (2), what is stated in clause (r)?

Answer:
the manner of making an application and the fee payable therefore under sub -section ( 1) of
section 64


Section 87: Power to make rules.

Question: What is specified in clause (s) of sub-section (2) of Section 87?

Answer:
the manner of authorising any person to act and the manner of registration of a geographical
indications agent under section 76


Section 87: Power to make rules.

Question: According to clause (t) of sub-section (2) of Section 87, what is provided?

Answer:
the fee and surcharge payable for applications and registrations and other matters under
sub-section (1) of section 80


Section 87: Power to make rules.

Question: What does clause (u) of sub-section (2) of Section 87 provide?

Answer: any other matter which is required to be, or may be, prescribed.


Section 87: Power to make rules.

Context:
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.

Question: Under Section 87 sub-section (3), what is stated about power to make rules?

Answer:
Every rule made by the Central Government under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.


Section 2: Definitions and interpretation.

Context:
(1) In this Act, unless the context otherwise requires,—
(b) “authorised user ” means the authorised user of a geographical indicati on registered under
section 17;
(c) “deceptively similar” A geographical indication shall be deemed to be deceptively similar to
another geographical indication if it so nearly resembles that other geographical indication as to be
likely to deceive or cause confusion;
(d) “district court” has the meaning assigned to it in the Code of Civil Procedure,
1908 (5 of 1908);
(e) “geographical indication ”, in relation to goods, means an indication which identifies such
goods as agricultural goods, natural g oods or manufactured goods as originating, or manufactured in
the territory of a country, or a region or locality in that territory, where a given quality, reputation or
other characteristic of such goods is essentially attributable to its geographical ori gin and in case
where such goods are manufactured goods one of the activities of either the production or of
processing or preparation of the goods concerned takes place in such territory, region o r locality, as
the case may be.
Explanation.—For the purpos es of this clause, any name which is not the name of a country,
region or locality of that country shall also be considered as the geographical indication if it relates to
a specific geographical area and is used upon or in rel ation to particular goods ori ginating from that
country, region or locality, as the case may be;
(f) “goods” means any agricultural, natural or manufactured goods or any goods of handicraft or
of industry and includes food stuff;
(g) “indication” includes any name, geographical or figurative representation or any combination
of them conveying or suggesting the geographical origin of goods to which it applies;
(h) “name” includes any abbreviation of a name;
(i) “package” includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle,
wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “producer”, in relation to goods, means any person who,—
(i) if such goods are agricultural goods, produces the goods and includes the person who
processes or packages such goods;
(ii) if such goods are natural goods, exploits the goods;
(iii) if such goods are handicraft or industrial goods, makes or manufactures the goods,
and includes any person who trades or deals in such production, exploitation, making or manufacturing, as
the case may be, of the goods;
(l) “register” means the Register of Geographical Indications referred to in section 6;
(m) “registered” (with its grammatical variations) means registered under this Act;
(n) “registered proprietor ”, in relation to a geographical indication, means any association of
persons or of producers or any organisation for the time being entered in the reg ister as proprietor of
the geographical indication;
(o) “Registrar” means the Registrar of Geographical Indications referred to in section 3;

Question: What is the meaning of "authorised user " in Section 2?

Answer:
the authorised user of a geographical indicati on registered under
section 17


Question: What is laid down in clause (b) of sub-section (1) of Section 2?

Answer:
“authorised user ” means the authorised user of a geographical indicati on registered under
section 17


Question: In Section 2 on definitions and interpretation, what does clause (c) of sub-section (1) state?

Answer:
“deceptively similar” A geographical indication shall be deemed to be deceptively similar to
another geographical indication if it so nearly resembles that other geographical indication as to be
likely to deceive or cause confusion


Question: What is laid down in clause (d) of sub-section (1) of Section 2?

Answer:
“district court” has the meaning assigned to it in the Code of Civil Procedure,
1908 (5 of 1908)


Question: In Section 2 on definitions and interpretation, what does clause (e) of sub-section (1) state?

Answer:
“geographical indication ”, in relation to goods, means an indication which identifies such
goods as agricultural goods, natural g oods or manufactured goods as originating, or manufactured in
the territory of a country, or a region or locality in that territory, where a given quality, reputation or
other characteristic of such goods is essentially attributable to its geographical ori gin and in case
where such goods are manufactured goods one of the activities of either the production or of
processing or preparation of the goods concerned takes place in such territory, region o r locality, as
the case may be.
Explanation.—For the purpos es of this clause, any name which is not the name of a country,
region or locality of that country shall also be considered as the geographical indication if it relates to
a specific geographical area and is used upon or in rel ation to particular goods ori ginating from that
country, region or locality, as the case may be


Question: According to Section 2, what does the term "goods" refer to?

Answer:
any agricultural, natural or manufactured goods or any goods of handicraft or
of industry and includes food stuff


Question: In Section 2 on definitions and interpretation, what does clause (f) of sub-section (1) state?

Answer:
“goods” means any agricultural, natural or manufactured goods or any goods of handicraft or
of industry and includes food stuff


Question: According to Section 2, what does the term "indication" refer to?

Answer:
any name, geographical or figurative representation or any combination
of them conveying or suggesting the geographical origin of goods to which it applies


Question: In Section 2 on definitions and interpretation, what does clause (g) of sub-section (1) state?

Answer:
“indication” includes any name, geographical or figurative representation or any combination
of them conveying or suggesting the geographical origin of goods to which it applies


Question: According to Section 2, what does the term "name" refer to?

Answer: any abbreviation of a name


Question: In Section 2 on definitions and interpretation, what does clause (h) of sub-section (1) state?

Answer: “name” includes any abbreviation of a name


Question: According to Section 2, what does the term "package" refer to?

Answer:
any case, box, container, covering, folder, receptacle, vessel, casket, bottle,
wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork


Question: In Section 2 on definitions and interpretation, what does clause (i) of sub-section (1) state?

Answer:
“package” includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle,
wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork


Question: According to Section 2, what does the term "prescribed" refer to?

Answer: prescribed by rules made under this Act


Question: In Section 2 on definitions and interpretation, what does clause (j) of sub-section (1) state?

Answer: “prescribed” means prescribed by rules made under this Act


Question: What is laid down in clause (k) of sub-section (1) of Section 2?

Answer: “producer”, in relation to goods, means any person who,—


Question: In Section 2 on definitions and interpretation, what does clause (i) of sub-section (1) state?

Answer:
if such goods are agricultural goods, produces the goods and includes the person who
processes or packages such goods


Question: What is laid down in clause (ii) of sub-section (1) of Section 2?

Answer: if such goods are natural goods, exploits the goods


Question: In Section 2 on definitions and interpretation, what does clause (iii) of sub-section (1) state?

Answer:
if such goods are handicraft or industrial goods, makes or manufactures the goods,
and includes any person who trades or deals in such production, exploitation, making or manufacturing, as
the case may be, of the goods


Question: According to Section 2, what does the term "register" refer to?

Answer: the Register of Geographical Indications referred to in section 6


Question: In Section 2 on definitions and interpretation, what does clause (l) of sub-section (1) state?

Answer: “register” means the Register of Geographical Indications referred to in section 6


Question: What is laid down in clause (m) of sub-section (1) of Section 2?

Answer: “registered” (with its grammatical variations) means registered under this Act


Question: In Section 2 on definitions and interpretation, what does clause (n) of sub-section (1) state?

Answer:
“registered proprietor ”, in relation to a geographical indication, means any association of
persons or of producers or any organisation for the time being entered in the reg ister as proprietor of
the geographical indication


Question: According to Section 2, what does the term "Registrar" refer to?

Answer: the Registrar of Geographical Indications referred to in section 3


Question: In Section 2 on definitions and interpretation, what does clause (o) of sub-section (1) state?

Answer: “Registrar” means the Registrar of Geographical Indications referred to in section 3


Context:
(2) Words and expressions used and not defined in this Act but defined in the Trade Marks Act, 1999
(47 of 1999) shall have the meanings respectively assigned to them in that Act.
(3) In this Act, unless the context otherwise requires, any reference—
(a) to the use of a geographical indication shall be construed as a reference to the use of a printed
or other visual representation of the geographical indication;
(b) to the use of a geographical indication in relation to goods shall be construed as a refe rence to
the use of the geographical indication upon, or in any physical or in any other rela tion whatsoever, to
such goods;
(c) to a registered geographical indication shall be construed as including a reference to a
geographical indication registered in the register;
(d) to the Registrar shall be construed as including a reference to any officer when discharging the
functions of the Registrar in pursuance of sub-section (2) of section 3;
(e) to the Geographical Indications Registry shall be construed as including a reference to any
office of the Geographical Indications Registry.

Question: What is laid down in clause (a) of sub-section (3) of Section 2?

Answer:
to the use of a geographical indication shall be construed as a reference to the use of a printed
or other visual representation of the geographical indication


Question: In Section 2 on definitions and interpretation, what does clause (b) of sub-section (3) state?

Answer:
to the use of a geographical indication in relation to goods shall be construed as a refe rence to
the use of the geographical indication upon, or in any physical or in any other rela tion whatsoever, to
such goods


Question: What is laid down in clause (c) of sub-section (3) of Section 2?

Answer:
to a registered geographical indication shall be construed as including a reference to a
geographical indication registered in the register


Question: In Section 2 on definitions and interpretation, what does clause (d) of sub-section (3) state?

Answer:
to the Registrar shall be construed as including a reference to any officer when discharging the
functions of the Registrar in pursuance of sub-section (2) of section 3


Question: What is laid down in clause (e) of sub-section (3) of Section 2?

Answer:
to the Geographical Indications Registry shall be construed as including a reference to any
office of the Geographical Indications Registry.


Section 11: Application for registration .

Context:
(2) The application under sub-section (1) shall contain—
(a) a statement as to how the geographical indication serves to designate the goods as originating
from the concerned territory of the country or region or locality in the country, as the case may be, in
respect of specific quality, reputation or other characteristics of which are due exclusively or
essentially to the geographical environment, with its inherent natural and human factors, and the
production, processing or preparation of which takes place in such territory, region or locality, as the
case may be;
(b) the class of goods to which the geographical indication shall apply;
(c) the geographical map of the territory of the country or region or locality in the country in
which the goods orginate or are being manufactured;
(d) the particulars regarding the appearance of the geographical indication as to whether it is
comprised of the words or figurative elements or both;
(e) a statement containing such particulars of the producers of the concerned goods, if any,
proposed to be initially registered with the registration of the geographical indication as may be
prescribed; and
(f) such other particulars as may be prescribed.
(3) A single application may be made for registration of a geographical indication for different classes
of goods and fee payable therefor shall be in respect of each such class of goods.

Question: In Section 11 on application for registration, what does clause (a) of sub-section (2) state?

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


Question: What is laid down in clause (b) of sub-section (2) of Section 11?

Answer: the class of goods to which the geographical indication shall apply


Question: In Section 11 on application for registration, what does clause (c) of sub-section (2) state?

Answer:
the geographical map of the territory of the country or region or locality in the country in
which the goods orginate or are being manufactured


Question: What is laid down in clause (d) of sub-section (2) of Section 11?

Answer:
the particulars regarding the appearance of the geographical indication as to whether it is
comprised of the words or figurative elements or both


Question: In Section 11 on application for registration, what does clause (e) of sub-section (2) state?

Answer:
a statement containing such particulars of the producers of the concerned goods, if any,
proposed to be initially registered with the registration of the geographical indication as may be
prescribed; and


Question: What is laid down in clause (f) of sub-section (2) of Section 11?

Answer: such other particulars as may be prescribed.


Section 13: Advertisement of application.

Context:
(1) When an application for registration of a geographical
indication has been accepted, whether absolutely or subject to conditions or limitations, the Registrar
shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or
limitations, if any, subject t o which it has been accepted, to be advertised in su ch manner as may be
prescribed.
(2) Where after advertisement of an application—
(a) an error in the application has been corrected; or
(b) the application has been permitted to be amended under section 15,
the Registrar may, in his discretion cause the application to be advertised again or instead of causing the
application to be advertised again, notify in the prescribed manner, the correction made in the application.

Question: In Section 13 on advertisement of application, what does clause (a) of sub-section (2) state?

Answer: an error in the application has been corrected; or


Question: What is laid down in clause (b) of sub-section (2) of Section 13?

Answer:
the application has been permitted to be amended under section 15,
the Registrar may, in his discretion cause the application to be advertised again or instead of causing the
application to be advertised again, notify in the prescribed manner, the correction made in the application.


Section 16: Registration.

Context:
(1) Subject to the provisions of section 12, when an application for registration of
a geographical indication has been accepted and either—
(a) the application has not been opposed and the time for notice of opposition has expired; or
(b) the application has been opposed and the opposition has been decided in favour of the
applicant,
the Registrar shall, unless the Central Government otherwise directs, register the said geographical
indication and the authorised users, if any, mentioned in the application and the geographical indication
and the authorised users when registered shall be registered as of the date of the making of the said
application and that date shall, subject to the provisions of section 84, be deemed to be the date of
registration.
(2) On the registration of a geographical indication, the Registrar shall issue each to the applicant and
the authorised users, if registered with the geographical indication, a certificate in such form as may be
prescribed of the registration thereof, sealed with the seal of the Geographical Indications Registry.
(3) Where registration of a geographical indication is not co mpleted within twelve months fro m the
date of the application by reason of default on the part of the applicant, the Registrar may, after giving
notice to the applicant in the prescribed manner , treat the application as abandoned unless it is completed
within the time specified in that behalf in the notice.

Question: In Section 16 on registration, what does clause (a) of sub-section (1) state?

Answer: the application has not been opposed and the time for notice of opposition has expired; or


Section 16: Registration.

Question: What is laid down in clause (b) of sub-section (1) of Section 16?

Answer:
the application has been opposed and the opposition has been decided in favour of the
applicant,
the Registrar shall, unless the Central Government otherwise directs, register the said geographical
indication and the authorised users, if any, mentioned in the application and the geographical indication
and the authorised users when registered shall be registered as of the date of the making of the said
application and that date shall, subject to the provisions of section 84, be deemed to be the date of
registration.


Section 17: Application for registration as authorised user.

Context:
(1) Any person claiming to be the producer
of the goods in respect of which a geographical indication has been registered under section 16 may apply
in writing to the Registrar in the prescribed mann er for registering him as an authorised user o f such
geographical indication.
(2) The application under sub-section (1) shall be accompanied by a statement and such documents of
facts as may be prescribed and required by the Registrar to determine as to wh ether such person is the
producer of the goods referred to in that sub-section and such fee as may be prescribed.
(3) The provisions of this Chapter relating to—
(a) the filing and examination of the application;
(b) the refusal and acceptance of registration;
(c) withdrawal of acceptance of application;
(d) advertisement of application;
(e) opposition to registration;
(f) correction or error in an amendment of the application; and
(g) registration,
shall apply in respect of the application and registrati on of authorised users referred to in sub -section (1)
in the same manner as they apply for the application for registration and registration of the geographical
indication.

Question: In Section 17 on application for registration as authorised user, what does clause (a) of sub-section (3) state?

Answer: the filing and examination of the application


Question: What is laid down in clause (b) of sub-section (3) of Section 17?

Answer: the refusal and acceptance of registration


Question: In Section 17 on application for registration as authorised user, what does clause (c) of sub-section (3) state?

Answer: withdrawal of acceptance of application


Question: What is laid down in clause (d) of sub-section (3) of Section 17?

Answer: advertisement of application


Question: In Section 17 on application for registration as authorised user, what does clause (e) of sub-section (3) state?

Answer: opposition to registration


Question: What is laid down in clause (f) of sub-section (3) of Section 17?

Answer: correction or error in an amendment of the application; and


Question: In Section 17 on application for registration as authorised user, what does clause (g) of sub-section (3) state?

Answer:
registration,
shall apply in respect of the application and registrati on of authorised users referred to in sub -section (1)
in the same manner as they apply for the application for registration and registration of the geographical
indication.


Section 26: Protection to certain trade marks.

Context:
(1) Where a trade mark contains or consists of a
geographical indication and has been applied for or registered in good faith under the law relating to trade
marks for the time being in force, or where rights to such trade mark have been acquired th rough use in
good faith either—
(a) before the commencement of this Act; or
(b) before the date of filing the application for registration of such geographical indication under
this Act,
nothing contained in this Act shal l prejudice the registrability or the validity of the registration of such
trade mark under the law relating to the trade marks for the time being in force, or the right to use such
trade mark, on the ground that such trade mark is identical with or similar to such geographical indication.
(2) Nothing contained in this Act shall apply in respect of a geographical indication with respect to
goods or class or classes of goods for which such geographical indication is identical with the term
customary in common language as the common name of such goods in any part of India on or befor e the
1st day of January, 1995.
(3) Nothing contained in this Act shall in any way prejudice the right of any person to use, in the
course of trade, that person ’s name or the name of that person ’s predecessor in business, except where
such name is used in such a manner as to confuse or mislead the people.

Question: What is laid down in clause (a) of sub-section (1) of Section 26?

Answer: before the commencement of this Act; or


Question: In Section 26 on protection to certain trade marks, what does clause (b) of sub-section (1) state?

Answer:
before the date of filing the application for registration of such geographical indication under
this Act,
nothing contained in this Act shal l prejudice the registrability or the validity of the registration of such
trade mark under the law relating to the trade marks for the time being in force, or the right to use such
trade mark, on the ground that such trade mark is identical with or similar to such geographical indication.


Section 37: Meaning of applying geographical indications .

Context:
(1) A person shall be deemed to apply a
geographical indication to goods who—
(a) applies it to the goods themselves; or
(b) applies it to any package in or with which the goods are sold, or exposed for sale, or had in
possession for sale or for any purpose of trade or manufacture; or
(c) places, encloses or annexes any g oods which are sold, or exposed for sale, or had in
possession for sale or for any purpose of trade or manufacture, in or with any package or other thing
to which a geographical indication has been applied; or
(d) uses a geographical indication in any man ner reasonably likely to lead to the belief that the
goods in connection with which it is used are designated or described by that geographical indication;
or
(e) in relation to the goods uses a geographical indication in any sign, advertisement, invoice,
catalogue, business letter, business paper, price list or other commercial documents and goods are
delivered to a person in pu rsuance of a request or order ma de by reference to the geog raphical
indication as so used.
(2) A geographical indication shall be deemed to be applied to goods whether it is woven in,
impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other
thing.

Question: What is laid down in clause (a) of sub-section (1) of Section 37?

Answer: applies it to the goods themselves; or


Question: In Section 37 on meaning of applying geographical indications, what does clause (b) of sub-section (1) state?

Answer:
applies it to any package in or with which the goods are sold, or exposed for sale, or had in
possession for sale or for any purpose of trade or manufacture; or


Question: What is laid down in clause (c) of sub-section (1) of Section 37?

Answer:
places, encloses or annexes any g oods which are sold, or exposed for sale, or had in
possession for sale or for any purpose of trade or manufacture, in or with any package or other thing
to which a geographical indication has been applied; or


Question: In Section 37 on meaning of applying geographical indications, what does clause (d) of sub-section (1) state?

Answer:
uses a geographical indication in any man ner reasonably likely to lead to the belief that the
goods in connection with which it is used are designated or described by that geographical indication;
or


Question: What is laid down in clause (e) of sub-section (1) of Section 37?

Answer:
in relation to the goods uses a geographical indication in any sign, advertisement, invoice,
catalogue, business letter, business paper, price list or other commercial documents and goods are
delivered to a person in pu rsuance of a request or order ma de by reference to the geog raphical
indication as so used.


Section 38: Falsifying and falsely app lying geographical indications.

Context:
(1) A person shall be deemed to
falsify a geographical indication who, either,—
(a) without the assent of the authorised user of the geographical indication makes that
geographical indication or deceptively similar geographical indication; or
(b) falsifies any genuine geographical indication, whether by alteration, addition, effacement or
otherwise.
(2) A person shall be deemed to falsely apply to goods a geographical indication who, without the
assent of the authorised user of the geographical indication,—
(a) applies such geographical indication or a deceptively similar geographical indication to goods
or any package containing goods;
(b) uses any package bearing a geographical indication which is identical with or deceptively
similar to the geographical indication of such authorised user, for the purpose of packing, filling or
wrapping therein any goods other than the genuine goods o f the authorised user of the geographical
indication.
(3) Any geographical indication falsified as mentioned in sub -section ( 1) or falsely applied as
mentioned in sub-section (2), is in this Act referred to as a false geographical indication.

Question: In Section 38 on falsifying and falsely app lying geographical indications, what does clause (a) of sub-section (1) state?

Answer:
without the assent of the authorised user of the geographical indication makes that
geographical indication or deceptively similar geographical indication; or


Question: What is laid down in clause (b) of sub-section (1) of Section 38?

Answer:
falsifies any genuine geographical indication, whether by alteration, addition, effacement or
otherwise.


Question: In Section 38 on falsifying and falsely app lying geographical indications, what does clause (a) of sub-section (2) state?

Answer:
applies such geographical indication or a deceptively similar geographical indication to goods
or any package containing goods


Question: What is laid down in clause (b) of sub-section (2) of Section 38?

Answer:
uses any package bearing a geographical indication which is identical with or deceptively
similar to the geographical indication of such authorised user, for the purpose of packing, filling or
wrapping therein any goods other than the genuine goods o f the authorised user of the geographical
indication.


Section 42: Penalty for falsely representing a geographical indication as registered .

Context:
(1) No person shall
make any representation—
(a) with respect to a geographical indication, not being a registered geographical indication, to the
effect that it is a registered geographical indication; or
(b) to the effect that a registered geographical indication is registered in respect of any good s in
respect of which it is not in fact registered; or
(c) to the effect that registration of a geographical indication gives an exclusive right to the use
thereof in any circumstances in which having regard to limitation entered on the register, the
registration does not in fact give that right.
(2) If any person contravenes any of the provisions of sub-section (1), he shall be liable to penalty of
a sum equal to one -half per cent. of the total sales or turnover, as the case may be, in business or of the
gross receipts in profession as computed in the audited accounts of such person, or a sum equal to five
lakh rupees, whichever is less.

Question: In Section 42 on penalty for falsely representing a geographical indication as registered, what does clause (a) of sub-section (1) state?

Answer:
with respect to a geographical indication, not being a registered geographical indication, to the
effect that it is a registered geographical indication; or


Question: What is laid down in clause (b) of sub-section (1) of Section 42?

Answer:
to the effect that a registered geographical indication is registered in respect of any good s in
respect of which it is not in fact registered; or


Question: In Section 42 on penalty for falsely representing a geographical indication as registered, what does clause (c) of sub-section (1) state?

Answer:
to the effect that registration of a geographical indication gives an exclusive right to the use
thereof in any circumstances in which having regard to limitation entered on the register, the
registration does not in fact give that right.


Context:
(3) For the purposes of this section the use in India in relation to a geographical indication of t he
words “registered geographical indication” or any other expression, symbol or sign like “R.G.I.” referring
whether expressly or impliedly to registration, shall be deemed to import a reference to regist ration in the
register, except—
(a) where that word or other expression, symbol or sign is used in direct association with other
words delineated in characters at least as large as those in which that word or other expression,
symbol or sign is delineated and indicating that the reference to registration a s a geographical
indication under the law of a country outside India being a country under the law of which the
registration referred to is in fact in force; or
(b) where that other expression, symbol or sign is of itself such as to indicate that the refe rence is
to such registration as is mentioned in clause (a); or
(c) where that word is used in relation to a geographical indication registered under the law of a
country outside India and in relation solely to goods to be exported to that country for use in that
country.

Question: What is laid down in clause (a) of sub-section (3) of Section 42?

Answer:
where that word or other expression, symbol or sign is used in direct association with other
words delineated in characters at least as large as those in which that word or other expression,
symbol or sign is delineated and indicating that the reference to registration a s a geographical
indication under the law of a country outside India being a country under the law of which the
registration referred to is in fact in force; or


Question: In Section 42 on penalty for falsely representing a geographical indication as registered, what does clause (b) of sub-section (3) state?

Answer:
where that other expression, symbol or sign is of itself such as to indicate that the refe rence is
to such registration as is mentioned in clause (a); or


Question: What is laid down in clause (c) of sub-section (3) of Section 42?

Answer:
where that word is used in relation to a geographical indication registered under the law of a
country outside India and in relation solely to goods to be exported to that country for use in that
country.


Section 46: Forfeiture of goods.

Context:
(1) Where a person is convicted of an offence under section 39 or section
40 or section 41 or is acquitted of an offence under section 39 or section 40 on proof that he acted without
intend or defraud, or under section 40 on proof of the matters specified in clause (a) or clause (b) or clause
(c) of that section, the court convicting or acquitting him may direct the forfeiture to Government of all
goods and things by means of, or in relation to, which the offence has been committed, or but for such
proof as aforesaid would have been committed.
(2) When a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal
shall lie against the forfeiture also.
(3) When, a forfeiture is directed on acquittal and the goods or things to which the di rection relates
are of value exceeding fifty rupees, an appeal against the forfeiture may be preferred, within thirty days
from the date of the direction, to the court to which in appealable cases appeal lie from sentences of the
court which directed the forfeiture.

Question: In Section 46 on forfeiture of goods, what does clause (c) of sub-section (1) state?

Answer:
of that section, the court convicting or acquitting him may direct the forfeiture to Government of all
goods and things by means of, or in relation to, which the offence has been committed, or but for such
proof as aforesaid would have been committed.