Question: What does Section 20 provide regarding no action for infringement of unregistered geographical indication?

Answer:
(1) No person shall be
entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an
unregistered geographical indication.
(2) Nothing in this Act shall be deemed to affect rights of action against any person for passing off
goods as the goods of another person or the remedies in respect thereof.


Section 23: Registration to be prima facie evidence of validity.

Context:
(1) In all legal proceedings relating to a
geographical indication, the certificate of registration granted in this regard by the Registrar under this
Act, being a copy of the entry in the register under the seal of the Geographical Indications Registry, shall
be prima facie evidence of the validity thereof and be admissible in all courts before whom without
further proof or production of the original.
(2) Nothing in this section shall be deemed to be affect the right of action in respect of an unregistered
geographical indication.

Question: What is laid down in Section 23 sub-section (1) concerning registration to be prima facie evidence of validity?

Answer:
In all legal proceedings relating to a
geographical indication, the certificate of registration granted in this regard by the Registrar under this
Act, being a copy of the entry in the register under the seal of the Geographical Indications Registry, shall
be prima facie evidence of the validity thereof and be admissible in all courts before whom without
further proof or production of the original.


Question: According to Section 23 sub-section (2), what is provided in relation to registration to be prima facie evidence of validity?

Answer:
Nothing in this section shall be deemed to be affect the right of action in respect of an unregistered
geographical indication.


Question: What does Section 23 provide regarding registration to be prima facie evidence of validity?

Answer:
(1) In all legal proceedings relating to a
geographical indication, the certificate of registration granted in this regard by the Registrar under this
Act, being a copy of the entry in the register under the seal of the Geographical Indications Registry, shall
be prima facie evidence of the validity thereof and be admissible in all courts before whom without
further proof or production of the original.
(2) Nothing in this section shall be deemed to be affect the right of action in respect of an unregistered
geographical indication.


Section 25: Prohibition of registration of geographical indication as trade mark .

Context:
(a) contains or consists of a geographical indication with respect to the goods or class or classes
of goods not originating in the territory of a country, or a region or locality in that territory which such
geographical indication indicates, if use of such geographical indications in the trade mark for such
goods, is of such a nature as to confuse or mislea d the persons as to the true place of origin of such
goods or class or classes of goods;
(b) contains or consists of a geographical indication identifying goods or class or classes of goods
notified under sub-section (2) of section 22.

Question: What does Section 25 provide regarding prohibition of registration of geographical indication as trade mark?

Answer:
contains or consists of a geographical indication with respect to the goods or class or classes
of goods not originating in the territory of a country, or a region or locality in that territory which such
geographical indication indicates, if use of such geographical indications in the trade mark for such
goods, is of such a nature as to confuse or mislea d the persons as to the true place of origin of such
goods or class or classes of goods


Question: Under Section 25, what is stated about prohibition of registration of geographical indication as trade mark?

Answer:
contains or consists of a geographical indication identifying goods or class or classes of goods
notified under sub-section (2) of section 22.


Context:
Notwithstanding
anything contained in the Trade Marks Act, 1999 (47 of 1999), the Registrar of Trade Marks referred to in
section 3 of that Act, shall, suo motu or at the request of an intereste d party, refuse or invalidate the
registration of a trade mark which—
(a) contains or consists of a geographical indication with respect to the goods or class or classes
of goods not originating in the territory of a country, or a region or locality in that territory which such
geographical indication indicates, if use of such geographical indications in the trade mark for such
goods, is of such a nature as to confuse or mislea d the persons as to the true place of origin of such
goods or class or classes of goods;
(b) contains or consists of a geographical indication identifying goods or class or classes of goods
notified under sub-section (2) of section 22.

Question: What is laid down in Section 25 concerning prohibition of registration of geographical indication as trade mark?

Answer:
Notwithstanding
anything contained in the Trade Marks Act, 1999 (47 of 1999), the Registrar of Trade Marks referred to in
section 3 of that Act, shall, suo motu or at the request of an intereste d party, refuse or invalidate the
registration of a trade mark which—
(a) contains or consists of a geographical indication with respect to the goods or class or classes
of goods not originating in the territory of a country, or a region or locality in that territory which such
geographical indication indicates, if use of such geographical indications in the trade mark for such
goods, is of such a nature as to confuse or mislea d the persons as to the true place of origin of such
goods or class or classes of goods;
(b) contains or consists of a geographical indication identifying goods or class or classes of goods
notified under sub-section (2) of section 22.


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: According to Section 26 sub-section (1), what is provided in relation to protection to certain trade marks?

Answer:
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.


Question: What does clause (a) of sub-section (1) of Section 26 provide?

Answer: before the commencement of this Act; or


Question: Under Section 26 sub-section (1), what is stated in clause (b)?

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.


Question: What is laid down in Section 26 sub-section (2) concerning protection to certain trade marks?

Answer:
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.


Question: According to Section 26 sub-section (3), what is provided in relation to protection to certain trade marks?

Answer:
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.


Context:
(4) Notwithstanding anything contained in the Trade Marks Act, 1999 (47 of 1999) or in this Act, no
action in connection with the use or registration of a trade mark shall be taken after the expiry of five
years from the date on which such use or registration infringes any geographical indication registered
under this Act has become known to the registered proprietor or authorised u ser registered in respect of
such geographical indication under this Act or after the date of registration of the trade mark under the
said Trade Marks Act subject to the condition that the trade mark has been published under the provisions
of the said Trade Marks Act, 1999 or the rules made thereunder by that date, if such date is earlier than the
date on which such infringement became known to such proprietor or authorised user and such
geographical indication is not used or registered in bad faith.

Question: What does Section 26 sub-section (4) provide regarding protection to certain trade marks?

Answer:
Notwithstanding anything contained in the Trade Marks Act, 1999 (47 of 1999) or in this Act, no
action in connection with the use or registration of a trade mark shall be taken after the expiry of five
years from the date on which such use or registration infringes any geographical indication registered
under this Act has become known to the registered proprietor or authorised u ser registered in respect of
such geographical indication under this Act or after the date of registration of the trade mark under the
said Trade Marks Act subject to the condition that the trade mark has been published under the provisions
of the said Trade Marks Act, 1999 or the rules made thereunder by that date, if such date is earlier than the
date on which such infringement became known to such proprietor or authorised user and such
geographical indication is not used or registered in bad faith.


Section 27: Power to cancel or vary registration and to rectify the register .

Context:
(1) On application made in
the prescribed manner to the High Court or to the Registrar by any person aggrieved, the Registrar or
the High Court, as the case may be, may make such order as it may think fit for cancelling or varying the
registration of a geographical indication or authorised user on the ground of any contravention, or failure
to observe the condition entered on the register in relation thereto.
(2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry
made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any
error or defect in any entry in the register, may apply in the prescribed manner to the High Court or to
the Registrar, and the Registrar or the High Court, as the case may be, may make such order for
making, expunging or varying the entry as it may think fit.
(3) The Registrar or the High Court, as the case may be, may in any proceeding under this section
decide any question that may be necessary or expedient to decide in connection with the rectification of
the register.

Question: Under Section 27 sub-section (1), what is stated about power to cancel or vary registration and to rectify the register?

Answer:
On application made in
the prescribed manner to the High Court or to the Registrar by any person aggrieved, the Registrar or
the High Court, as the case may be, may make such order as it may think fit for cancelling or varying the
registration of a geographical indication or authorised user on the ground of any contravention, or failure
to observe the condition entered on the register in relation thereto.


Question: What is laid down in Section 27 sub-section (2) concerning power to cancel or vary registration and to rectify the register?

Answer:
Any person aggrieved by the absence or omission from the register of any entry, or by any entry
made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any
error or defect in any entry in the register, may apply in the prescribed manner to the High Court or to
the Registrar, and the Registrar or the High Court, as the case may be, may make such order for
making, expunging or varying the entry as it may think fit.


Question: According to Section 27 sub-section (3), what is provided in relation to power to cancel or vary registration and to rectify the register?

Answer:
The Registrar or the High Court, as the case may be, may in any proceeding under this section
decide any question that may be necessary or expedient to decide in connection with the rectification of
the register.


Context:
(4) The Registrar or the High Court, as th e case may be, , of its own motion, may, after giving
notice in the prescribed manner to the parties concerned and after giving them an opportunity of being
heard, make any order referred to in sub-section (1) or sub-section (2).
(5) Any order of the High Court rectifying the register shall direct that notice of the rectification
shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify
the register accordingly.

Question: What does Section 27 sub-section (4) provide regarding power to cancel or vary registration and to rectify the register?

Answer:
The Registrar or the High Court, as th e case may be, , of its own motion, may, after giving
notice in the prescribed manner to the parties concerned and after giving them an opportunity of being
heard, make any order referred to in sub-section (1) or sub-section (2).


Question: Under Section 27 sub-section (5), what is stated about power to cancel or vary registration and to rectify the register?

Answer:
Any order of the High Court rectifying the register shall direct that notice of the rectification
shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify
the register accordingly.


Section 29: Alteration of regis tered geographical indications.

Context:
(1) The registered proprietor of a
geographical indication may apply in the prescribed manner to the Registrar for leave to add to or alter the
geographical indication in any manner not substantially affecting the identity thereof, and the Registrar
may refuse leave or may grant it on such terms and subject to such limitations as he may think fit.
(2) The Registrar may cause an applicat ion under this section to be advertised in the prescribed
manner in any case where it appears to him that it is expedient so to do, and where he does so, if within
the prescribed time from the date of the advertisement any person gives notice to the Regist rar in the
prescribed manner of the opposition to the application, the Registrar shall, after hearing the parties if so
required, decide the matter.
(3) Where leave is granted under this section, the geographical indication as altered shall be
advertised i n the prescribed manner, unless the application has already been advertised under
sub-section (2).

Question: According to Section 29 sub-section (1), what is provided in relation to alteration of regis tered geographical indications?

Answer:
The registered proprietor of a
geographical indication may apply in the prescribed manner to the Registrar for leave to add to or alter the
geographical indication in any manner not substantially affecting the identity thereof, and the Registrar
may refuse leave or may grant it on such terms and subject to such limitations as he may think fit.


Question: What does Section 29 sub-section (2) provide regarding alteration of regis tered geographical indications?

Answer:
The Registrar may cause an applicat ion under this section to be advertised in the prescribed
manner in any case where it appears to him that it is expedient so to do, and where he does so, if within
the prescribed time from the date of the advertisement any person gives notice to the Regist rar in the
prescribed manner of the opposition to the application, the Registrar shall, after hearing the parties if so
required, decide the matter.


Question: Under Section 29 sub-section (3), what is stated about alteration of regis tered geographical indications?

Answer:
Where leave is granted under this section, the geographical indication as altered shall be
advertised i n the prescribed manner, unless the application has already been advertised under
sub-section (2).


Question: What is laid down in Section 29 concerning alteration of regis tered geographical indications?

Answer:
(1) The registered proprietor of a
geographical indication may apply in the prescribed manner to the Registrar for leave to add to or alter the
geographical indication in any manner not substantially affecting the identity thereof, and the Registrar
may refuse leave or may grant it on such terms and subject to such limitations as he may think fit.
(2) The Registrar may cause an applicat ion under this section to be advertised in the prescribed
manner in any case where it appears to him that it is expedient so to do, and where he does so, if within
the prescribed time from the date of the advertisement any person gives notice to the Regist rar in the
prescribed manner of the opposition to the application, the Registrar shall, after hearing the parties if so
required, decide the matter.
(3) Where leave is granted under this section, the geographical indication as altered shall be
advertised i n the prescribed manner, unless the application has already been advertised under
sub-section (2).


Section 30: Adaptation of entries in register to amend or substitute classification of goods .

Context:
(1) The
Registrar shall not make any amendment of the re gister which would have the effect of adding any goods
or classes of goods to those in respect of which a geographical indication is registered (whether in one or
more classes) immediately before the amendment is to be made or antedating the registration o f a
geographical indication in respect of any goods:
Provided that this sub -section, shall not apply when the Registrar is satisfied that compliance
therewith would involve complexity and that the addition or antedating, as the case may be, would not
affect any substantial quantity of goods and would not substantially prejudice the rights of any person.
(2) A proposal so to amend the register shall be brought to the notice of the registered proprietor and
every authorised user of the geographical indication affected and advertised in the prescribed manner, and
may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment
contravenes the provisions of sub-section (1).
APPEALS

Question: According to Section 30 sub-section (1), what is provided in relation to adaptation of entries in register to amend or substitute classification of goods?

Answer:
The
Registrar shall not make any amendment of the re gister which would have the effect of adding any goods
or classes of goods to those in respect of which a geographical indication is registered (whether in one or
more classes) immediately before the amendment is to be made or antedating the registration o f a
geographical indication in respect of any goods:
Provided that this sub -section, shall not apply when the Registrar is satisfied that compliance
therewith would involve complexity and that the addition or antedating, as the case may be, would not
affect any substantial quantity of goods and would not substantially prejudice the rights of any person.


Question: What is laid down in the proviso to Section 30 sub-section (1)?

Answer:
this sub -section, shall not apply when the Registrar is satisfied that compliance
therewith would involve complexity and that the addition or antedating, as the case may be, would not
affect any substantial quantity of goods and would not substantially prejudice the rights of any person.


Question: Under Section 30 sub-section (2), what is stated about adaptation of entries in register to amend or substitute classification of goods?

Answer:
A proposal so to amend the register shall be brought to the notice of the registered proprietor and
every authorised user of the geographical indication affected and advertised in the prescribed manner, and
may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment
contravenes the provisions of sub-section (1).
APPEALS


Question: What is laid down in Section 30 concerning adaptation of entries in register to amend or substitute classification of goods?

Answer:
(1) The
Registrar shall not make any amendment of the re gister which would have the effect of adding any goods
or classes of goods to those in respect of which a geographical indication is registered (whether in one or
more classes) immediately before the amendment is to be made or antedating the registration o f a
geographical indication in respect of any goods:
Provided that this sub -section, shall not apply when the Registrar is satisfied that compliance
therewith would involve complexity and that the addition or antedating, as the case may be, would not
affect any substantial quantity of goods and would not substantially prejudice the rights of any person.
(2) A proposal so to amend the register shall be brought to the notice of the registered proprietor and
every authorised user of the geographical indication affected and advertised in the prescribed manner, and
may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment
contravenes the provisions of sub-section (1).
APPEALS


Section 31: Appeals to the High Court.

Context:
(1) Any person aggrieved by an order or decision of the
Registrar under this Act, or the rules made thereunder, may prefer an appeal to the High Court within
three months from the date on which the order or decision sought to be appealed against is communicated
to such person preferring the appeal.
(2) No appeal shall be admitted if it is preferred after the expiry of the period specified under
sub-section (1):
Provided that an appeal may be admitted after the expiry of the period specified therefore, if the
appellant satisfies the High Court that he had sufficient cause for not preferring the appe al within the
specified period.

Question: According to Section 31 sub-section (1), what is provided in relation to appeals to the high court?

Answer:
Any person aggrieved by an order or decision of the
Registrar under this Act, or the rules made thereunder, may prefer an appeal to the High Court within
three months from the date on which the order or decision sought to be appealed against is communicated
to such person preferring the appeal.


Section 31: Appeals to the High Court.

Question: What does Section 31 sub-section (2) provide regarding appeals to the high court?

Answer:
No appeal shall be admitted if it is preferred after the expiry of the period specified under
sub-section (1):
Provided that an appeal may be admitted after the expiry of the period specified therefore, if the
appellant satisfies the High Court that he had sufficient cause for not preferring the appe al within the
specified period.


Section 31: Appeals to the High Court.

Question: Under Section 31 sub-section (2), what is provided in the proviso?

Answer:
an appeal may be admitted after the expiry of the period specified therefore, if the
appellant satisfies the High Court that he had sufficient cause for not preferring the appe al within the
specified period.


Section 31: Appeals to the High Court.

Question: What is laid down in Section 31 concerning appeals to the high court?

Answer:
(1) Any person aggrieved by an order or decision of the
Registrar under this Act, or the rules made thereunder, may prefer an appeal to the High Court within
three months from the date on which the order or decision sought to be appealed against is communicated
to such person preferring the appeal.
(2) No appeal shall be admitted if it is preferred after the expiry of the period specified under
sub-section (1):
Provided that an appeal may be admitted after the expiry of the period specified therefore, if the
appellant satisfies the High Court that he had sufficient cause for not preferring the appe al within the
specified period.


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: Under Section 37 sub-section (1), what is stated about meaning of applying geographical indications?

Answer:
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.


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

Answer: applies it to the goods themselves; or


Question: According to clause (b) of sub-section (1) of Section 37, what is provided?

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 does clause (c) of sub-section (1) of Section 37 provide?

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: Under Section 37 sub-section (1), what is stated in clause (d)?

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 specified 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.


Question: According to Section 37 sub-section (2), what is provided in relation to meaning of applying geographical indications?

Answer:
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 does Section 37 provide regarding meaning of applying geographical indications?

Answer:
(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.


Section 37A: Adjudication of penalties.

Context:
The Registrar may, by an order, authorise an officer ref erred to
in section 3, to be adjudicating officer for holding an inquiry and imposing penalty under the provisions of
this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard.

Question: Under Section 37A, what is stated about adjudication of penalties?

Answer:
The Registrar may, by an order, authorise an officer ref erred to
in section 3, to be adjudicating officer for holding an inquiry and imposing penalty under the provisions of
this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard.


Section 37A: Adjudication of penalties.

Question: What is laid down in Section 37A concerning adjudication of penalties?

Answer:
The Registrar may, by an order, authorise an officer ref erred to
in section 3, to be adjudicating officer for holding an inquiry and imposing penalty under the provisions of
this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard.


Section 37B: Appeal.

Context:
(1) Whoever aggrieved by an order of the adjudicating officer under section 37A may
prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating
officer, within a period of sixty days from the date of receipt of the order, as the Ce ntral Government may
by notification authorise in this behalf.
(2) Every appeal under this section shall be preferred in such form and manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the
appellate authority that he had sufficient cause for not preferring the appeal within that period.

Question: According to Section 37B sub-section (1), what is provided in relation to appeal?

Answer:
Whoever aggrieved by an order of the adjudicating officer under section 37A may
prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating
officer, within a period of sixty days from the date of receipt of the order, as the Ce ntral Government may
by notification authorise in this behalf.


Section 37B: Appeal.

Question: What does Section 37B sub-section (2) provide regarding appeal?

Answer: Every appeal under this section shall be preferred in such form and manner as may be prescribed.


Section 37B: Appeal.

Question: Under Section 37B sub-section (3), what is stated about appeal?

Answer:
An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the
appellate authority that he had sufficient cause for not preferring the appeal within that period.


Section 37B: Appeal.

Context:
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of
being heard.
(5) The appellate authority re ferred to in sub-section (1) shall dispose of the appeal within sixty days
from the date of filing.
(6) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the
adjudicating officer under section 37A or the order of the appellate authority under this section, as the
case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine
of one lakh rupees or imprisonment for a term which may extend to one year, or with both.

Question: What is laid down in Section 37B sub-section (4) concerning appeal?

Answer:
No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of
being heard.


Section 37B: Appeal.

Question: According to Section 37B sub-section (5), what is provided in relation to appeal?

Answer:
The appellate authority re ferred to in sub-section (1) shall dispose of the appeal within sixty days
from the date of filing.


Section 37B: Appeal.

Question: What does Section 37B sub-section (6) provide regarding appeal?

Answer:
Notwithstanding anything contained in this Act, if the person fails to comply with the order of the
adjudicating officer under section 37A or the order of the appellate authority under this section, as the
case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine
of one lakh rupees or imprisonment for a term which may extend to one year, or with both.


Section 37B: Appeal.

Context:
(1) Whoever aggrieved by an order of the adjudicating officer under section 37A may
prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating
officer, within a period of sixty days from the date of receipt of the order, as the Ce ntral Government may
by notification authorise in this behalf.
(2) Every appeal under this section shall be preferred in such form and manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the
appellate authority that he had sufficient cause for not preferring the appeal within that period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of
being heard.
(5) The appellate authority re ferred to in sub-section (1) shall dispose of the appeal within sixty days
from the date of filing.
(6) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the
adjudicating officer under section 37A or the order of the appellate authority under this section, as the
case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine
of one lakh rupees or imprisonment for a term which may extend to one year, or with both.

Question: Under Section 37B, what is stated about appeal?

Answer:
(1) Whoever aggrieved by an order of the adjudicating officer under section 37A may
prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating
officer, within a period of sixty days from the date of receipt of the order, as the Ce ntral Government may
by notification authorise in this behalf.
(2) Every appeal under this section shall be preferred in such form and manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the
appellate authority that he had sufficient cause for not preferring the appeal within that period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of
being heard.
(5) The appellate authority re ferred to in sub-section (1) shall dispose of the appeal within sixty days
from the date of filing.
(6) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the
adjudicating officer under section 37A or the order of the appellate authority under this section, as the
case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine
of one lakh rupees or imprisonment for a term which may extend to one year, or with both.


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: What is laid down in Section 38 sub-section (1) concerning falsifying and falsely app lying geographical indications?

Answer:
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.


Question: According to clause (a) of sub-section (1) of Section 38, what is provided?

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


Question: What does clause (b) of sub-section (1) of Section 38 provide?

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


Question: Under Section 38 sub-section (2), what is stated about falsifying and falsely app lying geographical indications?

Answer:
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.


Question: What is specified in clause (a) of sub-section (2) of Section 38?

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


Question: According to clause (b) of sub-section (2) of Section 38, what is provided?

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.


Question: What does Section 38 sub-section (3) provide regarding falsifying and falsely app lying geographical indications?

Answer:
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.


Context:
(4) In any prosecution for falsifying a geographical indication or falsely applying a geographical
indication to goods, the burden of proving the assent of proprietor shall lie on the accused.

Question: Under Section 38 sub-section (4), what is stated about falsifying and falsely app lying geographical indications?

Answer:
In any prosecution for falsifying a geographical indication or falsely applying a geographical
indication to goods, the burden of proving the assent of proprietor shall lie on the accused.


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.
(4) In any prosecution for falsifying a geographical indication or falsely applying a geographical
indication to goods, the burden of proving the assent of proprietor shall lie on the accused.

Question: What is laid down in Section 38 concerning falsifying and falsely app lying geographical indications?

Answer:
(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.
(4) In any prosecution for falsifying a geographical indication or falsely applying a geographical
indication to goods, the burden of proving the assent of proprietor shall lie on the accused.


Section 39: Penalty for applying false geographical indications.

Context:
(a) falsifies any geographical indication; or
(b) falsely applies to goods any geographical indication; or
(c) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument
for the purpose of falsifying or of being used for falsifying, a geographical indication; or

Question: According to Section 39, what is provided in relation to penalty for applying false geographical indications?

Answer: falsifies any geographical indication; or


Question: What does Section 39 provide regarding penalty for applying false geographical indications?

Answer: falsely applies to goods any geographical indication; or


Question: Under Section 39, what is stated about penalty for applying false geographical indications?

Answer:
makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument
for the purpose of falsifying or of being used for falsifying, a geographical indication; or


Context:
(d) applies to any goods to which an indication of the country or place in which they were made
or produced or the name and the address of the manufacturer or person for whom the goods are
manufactured is required to be applied under section 71, a false indi cation of such country, place,
name or address; or
(e) tampers with, alters or effaces an indication of origin which has been applied to any goods to
which it is required to be applied under section 71; or
(f) causes any of the things above-mentioned in this section to be done,
shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a
term which shall not be less than six months but which may extend to three years and with fine which
shall not be less than fifty thousand rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty tho usand
rupees.

Question: What is laid down in Section 39 concerning penalty for applying false geographical indications?

Answer:
applies to any goods to which an indication of the country or place in which they were made
or produced or the name and the address of the manufacturer or person for whom the goods are
manufactured is required to be applied under section 71, a false indi cation of such country, place,
name or address; or


Question: According to Section 39, what is provided in relation to penalty for applying false geographical indications?

Answer:
tampers with, alters or effaces an indication of origin which has been applied to any goods to
which it is required to be applied under section 71; or


Question: What does Section 39 provide regarding penalty for applying false geographical indications?

Answer:
causes any of the things above-mentioned in this section to be done,
shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a
term which shall not be less than six months but which may extend to three years and with fine which
shall not be less than fifty thousand rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty tho usand
rupees.


Question: What does the proviso to Section 39 state?

Answer:
the court may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty tho usand
rupees.


Context:
Any person who,—
(a) falsifies any geographical indication; or
(b) falsely applies to goods any geographical indication; or
(c) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument
for the purpose of falsifying or of being used for falsifying, a geographical indication; or
(d) applies to any goods to which an indication of the country or place in which they were made
or produced or the name and the address of the manufacturer or person for whom the goods are
manufactured is required to be applied under section 71, a false indi cation of such country, place,
name or address; or
(e) tampers with, alters or effaces an indication of origin which has been applied to any goods to
which it is required to be applied under section 71; or
(f) causes any of the things above-mentioned in this section to be done,
shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a
term which shall not be less than six months but which may extend to three years and with fine which
shall not be less than fifty thousand rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty tho usand
rupees.

Question: What is laid down in Section 39 concerning penalty for applying false geographical indications?

Answer:
Any person who,—
(a) falsifies any geographical indication; or
(b) falsely applies to goods any geographical indication; or
(c) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument
for the purpose of falsifying or of being used for falsifying, a geographical indication; or
(d) applies to any goods to which an indication of the country or place in which they were made
or produced or the name and the address of the manufacturer or person for whom the goods are
manufactured is required to be applied under section 71, a false indi cation of such country, place,
name or address; or
(e) tampers with, alters or effaces an indication of origin which has been applied to any goods to
which it is required to be applied under section 71; or
(f) causes any of the things above-mentioned in this section to be done,
shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a
term which shall not be less than six months but which may extend to three years and with fine which
shall not be less than fifty thousand rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty tho usand
rupees.


Section 40: Penalty for selling goods to which false geographical indication is applied .

Context:
(a) that, having taken all reasonable precautions against committing an offence against this
section, he had at the time of commission of the alleged offence no reason to suspect the genuineness
of the geographical indication or that any offence had been committed in respect of the goods; or
(b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power
with respect to the person from whom he obtained such goods or things; or
(c) that otherwise he had acted innocently,
be punishable with imprisonment for a term which shall not be less than six months but which may extend
to three years and with fine which shall not be less than fifty thousand rupees but which may extend to
two lakh rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of less than six months or a fine of l ess than fifty thousand
rupees.

Question: According to Section 40, what is provided in relation to penalty for selling goods to which false geographical indication is applied?

Answer:
that, having taken all reasonable precautions against committing an offence against this
section, he had at the time of commission of the alleged offence no reason to suspect the genuineness
of the geographical indication or that any offence had been committed in respect of the goods; or


Question: What does Section 40 provide regarding penalty for selling goods to which false geographical indication is applied?

Answer:
that, on demand by or on behalf of the prosecutor, he gave all the information in his power
with respect to the person from whom he obtained such goods or things; or


Question: Under Section 40, what is stated about penalty for selling goods to which false geographical indication is applied?

Answer:
that otherwise he had acted innocently,
be punishable with imprisonment for a term which shall not be less than six months but which may extend
to three years and with fine which shall not be less than fifty thousand rupees but which may extend to
two lakh rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of less than six months or a fine of l ess than fifty thousand
rupees.


Question: What is laid down in the proviso to Section 40?

Answer:
the court may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of less than six months or a fine of l ess than fifty thousand
rupees.


Section 41: Enhanced penalty on second or subsequent conviction .

Context:
Whoever having already been
convicted of an offence under section 39 or section 40 is again convicted of any such offence shall be
punishable for the second and for every subsequent offence, with imprisonment for a term which shall not
be less than one year but which may extend to three years and with fine which shall not be less than one
lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reason to be mentioned in the judgment, impose
a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees:
Provided further that for the purposes of this section, no cognizance shall be taken of any conviction
made before the commencement of this Act.

Question: According to Section 41, what is provided in relation to enhanced penalty on second or subsequent conviction?

Answer:
Whoever having already been
convicted of an offence under section 39 or section 40 is again convicted of any such offence shall be
punishable for the second and for every subsequent offence, with imprisonment for a term which shall not
be less than one year but which may extend to three years and with fine which shall not be less than one
lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reason to be mentioned in the judgment, impose
a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees:
Provided further that for the purposes of this section, no cognizance shall be taken of any conviction
made before the commencement of this Act.


Question: Under Section 41, what is provided in the proviso?

Answer:
the court may, for adequate and special reason to be mentioned in the judgment, impose
a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees:


Question: What is laid down in the proviso to Section 41?

Answer:
for the purposes of this section, no cognizance shall be taken of any conviction
made before the commencement of this Act.


Question: What is laid down in Section 41 concerning enhanced penalty on second or subsequent conviction?

Answer:
Whoever having already been
convicted of an offence under section 39 or section 40 is again convicted of any such offence shall be
punishable for the second and for every subsequent offence, with imprisonment for a term which shall not
be less than one year but which may extend to three years and with fine which shall not be less than one
lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reason to be mentioned in the judgment, impose
a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees:
Provided further that for the purposes of this section, no cognizance shall be taken of any conviction
made before the commencement of this Act.


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: According to Section 42 sub-section (1), what is provided in relation to penalty for falsely representing a geographical indication as registered?

Answer:
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.


Question: What does clause (a) of sub-section (1) of Section 42 provide?

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: Under Section 42 sub-section (1), what is stated in clause (b)?

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: What is specified in clause (c) of sub-section (1) of Section 42?

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.


Question: According to Section 42 sub-section (2), what is provided in relation to penalty for falsely representing a geographical indication as registered?

Answer:
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.


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 does Section 42 sub-section (3) provide regarding penalty for falsely representing a geographical indication as registered?

Answer:
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: Under Section 42 sub-section (3), what is stated in clause (a)?

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: What is specified in clause (b) of sub-section (3) of Section 42?

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: According to clause (c) of sub-section (3) of Section 42, what is provided?

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 45: No offence in certain cases.

Context:
(a) the alleged offence relates to a registered geographical indicat ion and the act or omission i s
permitted under this Act; and
(b) the alleged offence relates to a registered geographical indication and the act or omission is
permitted under any other law for the time being in force.

Question: What does Section 45 provide regarding no offence in certain cases?

Answer:
the alleged offence relates to a registered geographical indicat ion and the act or omission i s
permitted under this Act; and


Question: Under Section 45, what is stated about no offence in certain cases?

Answer:
the alleged offence relates to a registered geographical indication and the act or omission is
permitted under any other law for the time being in force.


Context:
The provisions of sections 39, 40 and 41 shall in relation to a
registered geographical indication or authorised user of such geographical indication, be subject to the
rights created or recognised by this Act and no act or omission shall be deemed to be an offence u nder the
aforesaid sections if,—
(a) the alleged offence relates to a registered geographical indicat ion and the act or omission i s
permitted under this Act; and
(b) the alleged offence relates to a registered geographical indication and the act or omission is
permitted under any other law for the time being in force.

Question: What is laid down in Section 45 concerning no offence in certain cases?

Answer:
The provisions of sections 39, 40 and 41 shall in relation to a
registered geographical indication or authorised user of such geographical indication, be subject to the
rights created or recognised by this Act and no act or omission shall be deemed to be an offence u nder the
aforesaid sections if,—
(a) the alleged offence relates to a registered geographical indicat ion and the act or omission i s
permitted under this Act; and
(b) the alleged offence relates to a registered geographical indication and the act or omission is
permitted under any other law for the time being in force.


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: According to Section 46 sub-section (1), what is provided in relation to forfeiture of goods?

Answer:
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.


Section 46: Forfeiture of goods.

Question: What does clause (c) of sub-section (1) of Section 46 provide?

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.


Section 46: Forfeiture of goods.

Question: Under Section 46 sub-section (2), what is stated about forfeiture of goods?

Answer:
When a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal
shall lie against the forfeiture also.


Section 46: Forfeiture of goods.

Question: What is laid down in Section 46 sub-section (3) concerning forfeiture of goods?

Answer:
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.


Section 46: Forfeiture of goods.

Context:
(4) When a forfeiture is directed on a conviction, the court, before whom the person is convicted, may
order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.

Question: According to Section 46 sub-section (4), what is provided in relation to forfeiture of goods?

Answer:
When a forfeiture is directed on a conviction, the court, before whom the person is convicted, may
order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.


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.
(4) When a forfeiture is directed on a conviction, the court, before whom the person is convicted, may
order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.

Question: What does Section 46 provide regarding forfeiture of goods?

Answer:
(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.
(4) When a forfeiture is directed on a conviction, the court, before whom the person is convicted, may
order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.


Section 48: Procedure where invalidity of registration is pleaded by the accused.

Context:
(1) Where the offence
charged under section 39 or se ction 40 or section 41 is in relation to a registered geographical indication
and the accused pl eads that the registration of th e geographical indication is invalid, the followi ng
procedure shall be followed:—
(a) if the court is satisfied that such defenc e is prima facie tenable, it shall not proceed with the
charge but shall adjourn the proceeding for three months from the date on which the plea of the
accused is recorded to enable the accused to file an application before the High Court under this
Act, for the rectification of the register on the ground that the registration is invalid;
(b) if the accused proves to the court that he has made such application within the time so limited
or within such further time as the court may for sufficient cause al low, the further proceedings in the
prosecution shall stand stayed till the disposal of such application for rectification;
(c) if within a period of three months or within such extended time as may be allowed by the court
the accused fails to apply to the High Court for rectification of the register, the court shall proceed
with the case as if the registration were valid.

Question: What is laid down in Section 48 sub-section (1) concerning procedure where invalidity of registration is pleaded by the accused?

Answer:
Where the offence
charged under section 39 or se ction 40 or section 41 is in relation to a registered geographical indication
and the accused pl eads that the registration of th e geographical indication is invalid, the followi ng
procedure shall be followed:—
(a) if the court is satisfied that such defenc e is prima facie tenable, it shall not proceed with the
charge but shall adjourn the proceeding for three months from the date on which the plea of the
accused is recorded to enable the accused to file an application before the High Court under this
Act, for the rectification of the register on the ground that the registration is invalid;
(b) if the accused proves to the court that he has made such application within the time so limited
or within such further time as the court may for sufficient cause al low, the further proceedings in the
prosecution shall stand stayed till the disposal of such application for rectification;
(c) if within a period of three months or within such extended time as may be allowed by the court
the accused fails to apply to the High Court for rectification of the register, the court shall proceed
with the case as if the registration were valid.


Question: According to clause (a) of sub-section (1) of Section 48, what is provided?

Answer:
if the court is satisfied that such defenc e is prima facie tenable, it shall not proceed with the
charge but shall adjourn the proceeding for three months from the date on which the plea of the
accused is recorded to enable the accused to file an application before the High Court under this
Act, for the rectification of the register on the ground that the registration is invalid


Question: What does clause (b) of sub-section (1) of Section 48 provide?

Answer:
if the accused proves to the court that he has made such application within the time so limited
or within such further time as the court may for sufficient cause al low, the further proceedings in the
prosecution shall stand stayed till the disposal of such application for rectification


Question: Under Section 48 sub-section (1), what is stated in clause (c)?

Answer:
if within a period of three months or within such extended time as may be allowed by the court
the accused fails to apply to the High Court for rectification of the register, the court shall proceed
with the case as if the registration were valid.


Context:
(2) Where before the institution of a complaint of an offence referred to in sub -section ( 1), any
application for the rectification of the register concerning the geographical indication in question on the
ground of invalidity of the registration thereof has already been properly made to and is pending before
the Registrar or the High Court, a s the case may be, the court shall stay the further proceedings in the
prosecution pending the disposal of the application aforesaid and shall determine the charge against the
accused in conformity with the result of the application for rectification in s o far as the complainant relies
upon the registration of his geographical indication.

Question: What is laid down in Section 48 sub-section (2) concerning procedure where invalidity of registration is pleaded by the accused?

Answer:
Where before the institution of a complaint of an offence referred to in sub -section ( 1), any
application for the rectification of the register concerning the geographical indication in question on the
ground of invalidity of the registration thereof has already been properly made to and is pending before
the Registrar or the High Court, a s the case may be, the court shall stay the further proceedings in the
prosecution pending the disposal of the application aforesaid and shall determine the charge against the
accused in conformity with the result of the application for rectification in s o far as the complainant relies
upon the registration of his geographical indication.


Section 49: Offences by companies.

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

Question: According to Section 49 sub-section (1), what is provided in relation to offences by companies?

Answer:
If the person committing an offence under this Act is a company,
the company as well as every person in charge of, and responsible to, the company for the conduct of its
business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub -section shal l render any such person liable to any
punishment if he proves that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.


Section 49: Offences by companies.

Question: What does the proviso to Section 49 sub-section (1) state?

Answer:
nothing contained in this sub -section shal l render any such person liable to any
punishment if he proves that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.


Section 49: Offences by companies.

Question: Under Section 49 sub-section (2), what is stated about offences by companies?

Answer:
Notwithstanding anything contained in sub -section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or that the commission of the offence is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against an d
punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.


Section 49: Offences by companies.

Question: What is explained in Explanation to Section 49 sub-section (2)?

Answer:
For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.


Section 49: Offences by companies.

Question: How does Section 49 define "company"?

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


Section 49: Offences by companies.

Question: What does clause (a) of sub-section (2) of Section 49 provide?

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


Section 49: Offences by companies.

Question: Under Section 49 sub-section (2), what is stated in clause (b)?

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


Section 49: Offences by companies.

Question: What is laid down in Section 49 concerning offences by companies?

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


Section 51: Costs of defence of prosecution .

Context:
In any prosecution under this Act, the court may order such
costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court
deemed reasonable having regard to all the circumstances of the case and the conduct of the parties and
the costs so awarded shall be recoverable as if they were a fine.

Question: What is laid down in Section 51 concerning costs of defence of prosecution?

Answer:
In any prosecution under this Act, the court may order such
costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court
deemed reasonable having regard to all the circumstances of the case and the conduct of the parties and
the costs so awarded shall be recoverable as if they were a fine.


Question: According to Section 51, what is provided in relation to costs of defence of prosecution?

Answer:
In any prosecution under this Act, the court may order such
costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court
deemed reasonable having regard to all the circumstances of the case and the conduct of the parties and
the costs so awarded shall be recoverable as if they were a fine.


Section 52: Limitation of prosecution.

Context:
No prosecution for an offence under this Act shall be commenced
after the expiration of three years next after the commission of the offence charged or two years after the
discovery thereof by the prosecutor, whichever expiration first happens.

Question: What does Section 52 provide regarding limitation of prosecution?

Answer:
No prosecution for an offence under this Act shall be commenced
after the expiration of three years next after the commission of the offence charged or two years after the
discovery thereof by the prosecutor, whichever expiration first happens.


Section 52: Limitation of prosecution.

Question: Under Section 52, what is stated about limitation of prosecution?

Answer:
No prosecution for an offence under this Act shall be commenced
after the expiration of three years next after the commission of the offence charged or two years after the
discovery thereof by the prosecutor, whichever expiration first happens.


Section 53: Information as to commission of offence.

Context:
An officer of the Government whose duty it is to
take part in the enforcement of the provisions of this Chapter shall not be compelled in any court to say
whence he got any information as to the commission of any offence against this Act.

Question: What is laid down in Section 53 concerning information as to commission of offence?

Answer:
An officer of the Government whose duty it is to
take part in the enforcement of the provisions of this Chapter shall not be compelled in any court to say
whence he got any information as to the commission of any offence against this Act.


Question: According to Section 53, what is provided in relation to information as to commission of offence?

Answer:
An officer of the Government whose duty it is to
take part in the enforcement of the provisions of this Chapter shall not be compelled in any court to say
whence he got any information as to the commission of any offence against this Act.


Section 54: Punishment for abet ement in India of acts done out of India .

Context:
If any person, being within
India, abets the commission, without India, of any act which, if committed in India, would, under this Act,
be an offence, he may be tried for such abet ement in any place in India in which he may be found, and be
punished therefor with the punishment to which he would be liable if he had himself committed in that
place the act which he abetted.

Question: What does Section 54 provide regarding punishment for abet ement in india of acts done out of india?

Answer:
If any person, being within
India, abets the commission, without India, of any act which, if committed in India, would, under this Act,
be an offence, he may be tried for such abet ement in any place in India in which he may be found, and be
punished therefor with the punishment to which he would be liable if he had himself committed in that
place the act which he abetted.


Question: Under Section 54, what is stated about punishment for abet ement in india of acts done out of india?

Answer:
If any person, being within
India, abets the commission, without India, of any act which, if committed in India, would, under this Act,
be an offence, he may be tried for such abet ement in any place in India in which he may be found, and be
punished therefor with the punishment to which he would be liable if he had himself committed in that
place the act which he abetted.


Section 55: Protection of action taken in good faith.

Context:
No suit or other legal proceedings shall lie against
any person in respect of anything which is in good faith done or intended to be done in pursuance of this
Act.

Question: What is laid down in Section 55 concerning protection of action taken in good faith?

Answer:
No suit or other legal proceedings shall lie against
any person in respect of anything which is in good faith done or intended to be done in pursuance of this
Act.


Question: According to Section 55, what is provided in relation to protection of action taken in good faith?

Answer:
No suit or other legal proceedings shall lie against
any person in respect of anything which is in good faith done or intended to be done in pursuance of this
Act.


Section 56: Certain persons to be public servants.

Context:
Every person appointed under this Act shall be deemed
to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Question: What does Section 56 provide regarding certain persons to be public servants?

Answer:
Every person appointed under this Act shall be deemed
to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).


Question: Under Section 56, what is stated about certain persons to be public servants?

Answer:
Every person appointed under this Act shall be deemed
to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).


Section 58: Application for rectification of register to be made to High Court in certain
cases.

Context:
(1) Where in a suit for infringement of a registered geographical indication the validity of the
registration of the geographical indication relating to plaintif f is questioned by the defendant or where in
any such suit the plaintiff questions the validity of the registration of the geographical indication relating
to defendant, the issue as to the validity of the re gistration of the geographical indication concerned shall
be determined only on an application for the rectification of the register and, notwithstanding anything
contained in section 27, such application shall be made to the High Court and not to the Registrar.
(2) Subject to the provisions of sub-section (1), where an application for rectification of the register is
made to the Registrar under section 27, the Registrar may, if he thinks fit, refer the application at any
stage of the proceedings to the High Court.

Question:
Under Section 58 sub-section (1), what is stated about application for rectification of register to be made to high court in certain
cases?

Answer:
Where in a suit for infringement of a registered geographical indication the validity of the
registration of the geographical indication relating to plaintif f is questioned by the defendant or where in
any such suit the plaintiff questions the validity of the registration of the geographical indication relating
to defendant, the issue as to the validity of the re gistration of the geographical indication concerned shall
be determined only on an application for the rectification of the register and, notwithstanding anything
contained in section 27, such application shall be made to the High Court and not to the Registrar.


Question:
What is laid down in Section 58 sub-section (2) concerning application for rectification of register to be made to high court in certain
cases?

Answer:
Subject to the provisions of sub-section (1), where an application for rectification of the register is
made to the Registrar under section 27, the Registrar may, if he thinks fit, refer the application at any
stage of the proceedings to the High Court.


Question:
According to Section 58, what is provided in relation to application for rectification of register to be made to high court in certain
cases?

Answer:
(1) Where in a suit for infringement of a registered geographical indication the validity of the
registration of the geographical indication relating to plaintif f is questioned by the defendant or where in
any such suit the plaintiff questions the validity of the registration of the geographical indication relating
to defendant, the issue as to the validity of the re gistration of the geographical indication concerned shall
be determined only on an application for the rectification of the register and, notwithstanding anything
contained in section 27, such application shall be made to the High Court and not to the Registrar.
(2) Subject to the provisions of sub-section (1), where an application for rectification of the register is
made to the Registrar under section 27, the Registrar may, if he thinks fit, refer the application at any
stage of the proceedings to the High Court.


Section 59: Implied warranty on sale of indicated goods .

Context:
Where a geographical indication has been
applied to the goods on sale or in the contract for sale of any goods, the seller shall be deemed to warrant
that the geographical indication is a genu ine geographical indication and not falsely applied, unless the
contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of
goods on contract to and accepted by the buyer.

Question: What does Section 59 provide regarding implied warranty on sale of indicated goods?

Answer:
Where a geographical indication has been
applied to the goods on sale or in the contract for sale of any goods, the seller shall be deemed to warrant
that the geographical indication is a genu ine geographical indication and not falsely applied, unless the
contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of
goods on contract to and accepted by the buyer.


Question: Under Section 59, what is stated about implied warranty on sale of indicated goods?

Answer:
Where a geographical indication has been
applied to the goods on sale or in the contract for sale of any goods, the seller shall be deemed to warrant
that the geographical indication is a genu ine geographical indication and not falsely applied, unless the
contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of
goods on contract to and accepted by the buyer.


Section 60: Powers of Registrar.

Context:
(a) the Registrar shall have all the powers of a civil court for the purposes of receiving evidence,
administering oaths, enforcing the attendance of witnesses, compelling the discovery and production
of documents and issuing commissions for the examination of witnesses;
(b) the Registrar may, subject to any rules made in this behalf under section 87, make such orders
as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil
court;
(c) the Registrar may, on an application made in the prescribed manner, review his own decision.

Question: What is laid down in Section 60 concerning powers of registrar?

Answer:
the Registrar shall have all the powers of a civil court for the purposes of receiving evidence,
administering oaths, enforcing the attendance of witnesses, compelling the discovery and production
of documents and issuing commissions for the examination of witnesses


Section 60: Powers of Registrar.

Question: According to Section 60, what is provided in relation to powers of registrar?

Answer:
the Registrar may, subject to any rules made in this behalf under section 87, make such orders
as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil
court


Section 60: Powers of Registrar.

Question: What does Section 60 provide regarding powers of registrar?

Answer: the Registrar may, on an application made in the prescribed manner, review his own decision.


Section 60: Powers of Registrar.

Context:
In all proceedings under this Act before the Registrar,—
(a) the Registrar shall have all the powers of a civil court for the purposes of receiving evidence,
administering oaths, enforcing the attendance of witnesses, compelling the discovery and production
of documents and issuing commissions for the examination of witnesses;
(b) the Registrar may, subject to any rules made in this behalf under section 87, make such orders
as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil
court;
(c) the Registrar may, on an application made in the prescribed manner, review his own decision.

Question: Under Section 60, what is stated about powers of registrar?

Answer:
In all proceedings under this Act before the Registrar,—
(a) the Registrar shall have all the powers of a civil court for the purposes of receiving evidence,
administering oaths, enforcing the attendance of witnesses, compelling the discovery and production
of documents and issuing commissions for the examination of witnesses;
(b) the Registrar may, subject to any rules made in this behalf under section 87, make such orders
as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil
court;
(c) the Registrar may, on an application made in the prescribed manner, review his own decision.


Section 61: Exercise of discretionary power by Registrar.

Context:
Subject to the provisions of section 64, the
Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made
thereunder adversely to a person applying for the exercise of that power without (if so required by that
person within the prescribed time) giving to the person an opportunity of being heard.

Question: What is laid down in Section 61 concerning exercise of discretionary power by registrar?

Answer:
Subject to the provisions of section 64, the
Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made
thereunder adversely to a person applying for the exercise of that power without (if so required by that
person within the prescribed time) giving to the person an opportunity of being heard.


Question: According to Section 61, what is provided in relation to exercise of discretionary power by registrar?

Answer:
Subject to the provisions of section 64, the
Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made
thereunder adversely to a person applying for the exercise of that power without (if so required by that
person within the prescribed time) giving to the person an opportunity of being heard.


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 does Section 62 provide regarding 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.