Section 44: Reciprocal arrangement with the United Kingdom and other convention countries or group of countries of inter-governmental organisations

Context: (2) The registration of a design shall not be invalidated by reason only of the exhibition or use of or the publication of a description or representation of the design in India during the period specified in this section as that within which the application may be made.

Question: What does sub-section (2) of Section 44 provide?

Answer: The registration of a design shall not be invalidated by reason only of the exhibition or use of or the publication of a description or representation of the design in India during the period specified in this section as that within which the application may be made.


Context: (3) The application for registration of a design under t his section has been made in the same manner as an ordinary application under this Act.

Question: According to Section 44, what is stated in sub-section (3)?

Answer: The application for registration of a design under t his section has been made in the same manner as an ordinary application under this Act.


Context:
(4) Where it is made to appear to the Central Government that the legislature of the United Kingdom or any such other convention country or a country which is member of any group of countries or inter- governmental organisation as may be notified by the Central Government in this behalf has made satisfactory provision for the protection of designs registered in India, the Central Government may, by notification in the Off icial Gazette, direct that the provisions of this section, with such variations or additions, if any, as may be set out in such notification, shall apply for the protection of designs registered in the United Kingdom or that other convention country or such country which is member of any group of countries or inter-governmental organisation, as the case may be.
Explanation 1.—For the purposes of this section, the expression “convention countries”, “group of countries” or “inter-governmental organisation” means, respectively, such countries, group of countries or inter-governmental organisation to which the Paris Convention for Protection of Industrial Property, 1883 as revised at Stockholm in 1967 and as amended in 1979 or the Final Act, embodying the results of the Uruguay Round of Multilateral Trade Negotiations, provided for the establishment of World Trade Organisation applies.
Explanation 2.—Where more than one application for protection referred to in sub-section (1) ha s been made for similar protecti ons in the United Kingdom or one or more convention countries, group of countries or countries which are members of inter-governmental organisations, the period of six months referred to in clause (a) of that sub-section shall be reckoned from the date of which the earlier or the earliest application, as the case may be, of such applications has been made.

Question: Under Section 44, what does sub-section (4) say?

Answer:
Where it is made to appear to the Central Government that the legislature of the United Kingdom or any such other convention country or a country which is member of any group of countries or inter- governmental organisation as may be notified by the Central Government in this behalf has made satisfactory provision for the protection of designs registered in India, the Central Government may, by notification in the Off icial Gazette, direct that the provisions of this section, with such variations or additions, if any, as may be set out in such notification, shall apply for the protection of designs registered in the United Kingdom or that other convention country or such country which is member of any group of countries or inter-governmental organisation, as the case may be.
Explanation 1.—For the purposes of this section, the expression “convention countries”, “group of countries” or “inter-governmental organisation” means, respectively, such countries, group of countries or inter-governmental organisation to which the Paris Convention for Protection of Industrial Property, 1883 as revised at Stockholm in 1967 and as amended in 1979 or the Final Act, embodying the results of the Uruguay Round of Multilateral Trade Negotiations, provided for the establishment of World Trade Organisation applies.
Explanation 2.—Where more than one application for protection referred to in sub-section (1) ha s been made for similar protecti ons in the United Kingdom or one or more convention countries, group of countries or countries which are members of inter-governmental organisations, the period of six months referred to in clause (a) of that sub-section shall be reckoned from the date of which the earlier or the earliest application, as the case may be, of such applications has been made.


Section 45: Report of the Controller to be placed before Parliament

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

Question: What does Section 45 provide?

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


Section 46: Protection of security of India

Context:
(a) not disclose any information relating to the registration of a design or any application relating to the registration of a design under this Act, which he considers prejudicial to the interest of the security of India; and
(b) take any action regarding the ca ncellation of registration of such designs registered under this Act which the Central Government may, by notification in the Official Gazette, specify in the interest of the security of India.
Explanation.—For the purposes of this section, the expression “security of India” means any action necessary for the security of India which relates to the application of any design registered under this Act to any article used for war or applied directly or indirectly for the purposes of military establishment or for the purposes of war or other emergency in international relations.

Question: In Section 46, what does clause (a) specify?

Answer: not disclose any information relating to the registration of a design or any application relating to the registration of a design under this Act, which he considers prejudicial to the interest of the security of India; and


Question: What does clause (b) of Section 46 provide?

Answer:
take any action regarding the ca ncellation of registration of such designs registered under this Act which the Central Government may, by notification in the Official Gazette, specify in the interest of the security of India.
Explanation.—For the purposes of this section, the expression “security of India” means any action necessary for the security of India which relates to the application of any design registered under this Act to any article used for war or applied directly or indirectly for the purposes of military establishment or for the purposes of war or other emergency in international relations.


Section 47: Power of Central Government to make rules

Context: (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

Question: According to Section 47, what is stated in sub-section (1)?

Answer: The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.


Context:
(a) the form of application for registration of design, the manner of filing it at the patent office and the fee which shall accompany it, under sub-section (2) of section 5;
(b) the time within which the registration is to be effected under sub-section (5) of section 5;
(c) the classification of articles for registration under sub-section (1) of section 6;
(d) the particulars of design to be published and the manner of their publication under section 7;
(e) the manner of making claim under sub-section (1) of section 8;

Question: Under Section 47, what does clause (a) of sub-section (2) say?

Answer: the form of application for registration of design, the manner of filing it at the patent office and the fee which shall accompany it, under sub-section (2) of section 5;


Question: What is set out in clause (b) of sub-section (2) of Section 47?

Answer: the time within which the registration is to be effected under sub-section (5) of section 5;


Question: In Section 47, what does clause (c) of sub-section (2) specify?

Answer: the classification of articles for registration under sub-section (1) of section 6;


Question: What does clause (d) of sub-section (2) of Section 47 provide?

Answer: the particulars of design to be published and the manner of their publication under section 7;


Question: According to Section 47, what is stated in clause (e) of sub-section (2)?

Answer: the manner of making claim under sub-section (1) of section 8;


Context:
(f) the manner of making applications to the Controller under sub-section (5) of section 8;
(g) the additional matters required to be entered in the register of designs and the safeguards to be made in maintaining such register in computer floppies or diskettes under sub-section (1) of section 10;
(h) the manner of making application and fee to be paid for extension of the period of copyright under and the fee payable thereto, sub-section (2) of section 11;
(i) the manner of making application for restoration of design and the fee to be paid with it under sub-section (1) of section 12;
(j) the manner of verification of statement contained in an application under sub-section (2) of section 12;

Question: Under Section 47, what does clause (f) of sub-section (2) say?

Answer: the manner of making applications to the Controller under sub-section (5) of section 8;


Question: What is set out in clause (g) of sub-section (2) of Section 47?

Answer: the additional matters required to be entered in the register of designs and the safeguards to be made in maintaining such register in computer floppies or diskettes under sub-section (1) of section 10;


Question: In Section 47, what does clause (h) of sub-section (2) specify?

Answer: the manner of making application and fee to be paid for extension of the period of copyright under and the fee payable thereto, sub-section (2) of section 11;


Question: What does clause (i) of sub-section (2) of Section 47 provide?

Answer: the manner of making application for restoration of design and the fee to be paid with it under sub-section (1) of section 12;


Question: According to Section 47, what is stated in clause (j) of sub-section (2)?

Answer: the manner of verification of statement contained in an application under sub-section (2) of section 12;


Context:
(k) the additional fee to be paid for restoration of the registration of design under sub-section (1) of section 13;
(l) the provisions subject to which the right of the registered proprietor shall be under sub-section (1) of section 14;
(m) the number of exact representation or specimen of the design to be furnished to the Controller under clause (a) of sub-section (1) of section 15;
(n) the mark, words or figures with which the article is to be marked denoting that the design is registered under clause (b) of sub-section (1) of section 15;
(o) the rules to dispense with or modify as regards any class or description of articles any of the requirements of section 15 as to marking under sub-section (2) of that section;

Question: Under Section 47, what does clause (k) of sub-section (2) say?

Answer: the additional fee to be paid for restoration of the registration of design under sub-section (1) of section 13;


Question: What is set out in clause (l) of sub-section (2) of Section 47?

Answer: the provisions subject to which the right of the registered proprietor shall be under sub-section (1) of section 14;


Question: In Section 47, what does clause (m) of sub-section (2) specify?

Answer: the number of exact representation or specimen of the design to be furnished to the Controller under clause (a) of sub-section (1) of section 15;


Question: What does clause (n) of sub-section (2) of Section 47 provide?

Answer: the mark, words or figures with which the article is to be marked denoting that the design is registered under clause (b) of sub-section (1) of section 15;


Question: According to Section 47, what is stated in clause (o) of sub-section (2)?

Answer: the rules to dispense with or modify as regards any class or description of articles any of the requirements of section 15 as to marking under sub-section (2) of that section;


Context:
(p) the fee to be paid for and the manner of inspection under sub-section (1) of section 17;
(q) the fee to be paid to obtain a certified copy of any design under sub-section (2) of section 17;
(r) the fee on payment of which the Controller shall inform under section 18;
(s) the form for giving notice to the controller under clause (a) of the proviso to section 21;
(t) the fee to be paid in respect of the registration of designs and application therefor, and in respect of other matters relating to designs under sub-section (1) of section 24;

Question: Under Section 47, what does clause (p) of sub-section (2) say?

Answer: the fee to be paid for and the manner of inspection under sub-section (1) of section 17;


Question: What is set out in clause (q) of sub-section (2) of Section 47?

Answer: the fee to be paid to obtain a certified copy of any design under sub-section (2) of section 17;


Question: In Section 47, what does clause (r) of sub-section (2) specify?

Answer: the fee on payment of which the Controller shall inform under section 18;


Question: What does clause (s) of sub-section (2) of Section 47 provide?

Answer: the form for giving notice to the controller under clause (a) of the proviso to section 21;


Question: According to Section 47, what is stated in clause (t) of sub-section (2)?

Answer: the fee to be paid in respect of the registration of designs and application therefor, and in respect of other matters relating to designs under sub-section (1) of section 24;


Context:
(u) the fee to be paid for giving certified copy of any entry in the register under section 26;
(v) the fee to be accompanied with the request in writing for correcting any clerical error under section 29;
(w) the form in which an application for registration as proprietor shall be made and the manner in which the Controller shall cause an entry to be made in the register of the assignment, transmission or other instruments effecting the title under sub-section (1) of section 30;
(x) the form in which an application for title shall be made and the manner in which the Controller shall cause notice of the interest to be entered in the register of designs with particulars of the instrument, if any, creating such interest under sub-section (2) of section 30;
(y) the manner of filing an application for registration and for making application for extension of time as referred to in sub-section (3) of section 30;

Question: Under Section 47, what does clause (u) of sub-section (2) say?

Answer: the fee to be paid for giving certified copy of any entry in the register under section 26;


Question: What is set out in clause (v) of sub-section (2) of Section 47?

Answer: the fee to be accompanied with the request in writing for correcting any clerical error under section 29;


Question: In Section 47, what does clause (w) of sub-section (2) specify?

Answer: the form in which an application for registration as proprietor shall be made and the manner in which the Controller shall cause an entry to be made in the register of the assignment, transmission or other instruments effecting the title under sub-section (1) of section 30;


Question: What does clause (x) of sub-section (2) of Section 47 provide?

Answer: the form in which an application for title shall be made and the manner in which the Controller shall cause notice of the interest to be entered in the register of designs with particulars of the instrument, if any, creating such interest under sub-section (2) of section 30;


Question: According to Section 47, what is stated in clause (y) of sub-section (2)?

Answer: the manner of filing an application for registration and for making application for extension of time as referred to in sub-section (3) of section 30;


Context:
(z) the manner of making application to the Controller for rectification of register under sub-section (1) of section 31;
(za) the manner in which the notice of rectification shall be served on the Controller under sub-section (4) of section 31;
(zb) the rules regulating the proceedings before the Controller under section 32;
(zc) the time which shall be granted to the applicants for being heard by the Controller under section 33;
(zd) the fee to be accompanied with an appeal under sub-section (1) of section 36;

Question: Under Section 47, what does clause (z) of sub-section (2) say?

Answer: the manner of making application to the Controller for rectification of register under sub-section (1) of section 31;


Question: What is set out in clause (za) of sub-section (2) of Section 47?

Answer: the manner in which the notice of rectification shall be served on the Controller under sub-section (4) of section 31;


Question: In Section 47, what does clause (zb) of sub-section (2) specify?

Answer: the rules regulating the proceedings before the Controller under section 32;


Question: What does clause (zc) of sub-section (2) of Section 47 provide?

Answer: the time which shall be granted to the applicants for being heard by the Controller under section 33;


Question: According to Section 47, what is stated in clause (zd) of sub-section (2)?

Answer: the fee to be accompanied with an appeal under sub-section (1) of section 36;


Context: (ze) any other matter which is required to be, or may be, prescribed.

Question: Under Section 47, what does clause (ze) of sub-section (2) say?

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


Context: (3) The power to make rules under this section shall be subject to the conditions of the rules being made after previous publication.

Question: What is set out in sub-section (3) of Section 47?

Answer: The power to make rules under this section shall be subject to the conditions of the rules being made after previous publication.


Context: (4) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Act.

Question: In Section 47, what is provided in sub-section (4)?

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


Section 48: Repeal and savings

Context: (1) The Designs Act, 1911 (2 of 1911) is hereby repealed.

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

Answer: The Designs Act, 1911 (2 of 1911) is hereby repealed.


Section 48: Repeal and savings

Context: (2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897) with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decis ion, determination, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the Designs Act, 1911 (2 of 1911), shall, in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act.

Question: According to Section 48, what is stated in sub-section (2)?

Answer: Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897) with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decis ion, determination, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the Designs Act, 1911 (2 of 1911), shall, in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act.


Section 48: Repeal and savings

Context: (3) The provisions of this Act shall apply to all applications for registration of designs pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof.

Question: Under Section 48, what does sub-section (3) say?

Answer: The provisions of this Act shall apply to all applications for registration of designs pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof.


Section 48: Repeal and savings

Context: (4) Notwithstanding anything contained in this Act, any proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act has not been passed.

Question: What is set out in sub-section (4) of Section 48?

Answer: Notwithstanding anything contained in this Act, any proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act has not been passed.


Section 48: Repeal and savings

Context: (5) Notwithstanding anything contained in sub-section (2), the date of expiration of the copyright in the design registered before the commencement of this Act shall, subject to the provisions of this Act, be the date immediately after the period of five years for which it was registered or the date immediately after the period of five years for which the extension of the period of copyright for a second period from the expiration of the original period has been made.

Question: In Section 48, what is provided in sub-section (5)?

Answer: Notwithstanding anything contained in sub-section (2), the date of expiration of the copyright in the design registered before the commencement of this Act shall, subject to the provisions of this Act, be the date immediately after the period of five years for which it was registered or the date immediately after the period of five years for which the extension of the period of copyright for a second period from the expiration of the original period has been made.


Section 1: Short title, extent and commencement.

Context:
(1) This Act may be called the Geographical
Indications of Goods (Registration and Protection) Act, 1999.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and
any reference in any such provision to the commencement of this Act shall be construed as a ref erence to
the coming into force of that provision.

Question: Under Section 1 sub-section (1), what is stated about short title, extent and commencement?

Answer:
This Act may be called the Geographical
Indications of Goods (Registration and Protection) Act, 1999.


Question: What is laid down in Section 1 sub-section (2) concerning short title, extent and commencement?

Answer: It extends to the whole of India.


Question: According to Section 1 sub-section (3), what is provided in relation to short title, extent and commencement?

Answer:
It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and
any reference in any such provision to the commencement of this Act shall be construed as a ref erence to
the coming into force of that provision.


Question: What does Section 1 provide regarding short title, extent and commencement?

Answer:
(1) This Act may be called the Geographical
Indications of Goods (Registration and Protection) Act, 1999.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and
any reference in any such provision to the commencement of this Act shall be construed as a ref erence to
the coming into force of that provision.


Section 2: Definitions and interpretation.

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

Question: What is explained in Explanation to Section 2 sub-section (1)?

Answer:
For the purpos es of this clause, any name which is not the name of a country,
region or locality of that country shall also be considered as the geographical indication if it relates to
a specific geographical area and is used upon or in rel ation to particular goods ori ginating from that
country, region or locality, as the case may be;
(f) “goods” means any agricultural, natural or manufactured goods or any goods of handicraft or
of industry and includes food stuff;
(g) “indication” includes any name, geographical or figurative representation or any combination
of them conveying or suggesting the geographical origin of goods to which it applies;
(h) “name” includes any abbreviation of a name;
(i) “package” includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle,
wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “producer”, in relation to goods, means any person who,—
(i) if such goods are agricultural goods, produces the goods and includes the person who
processes or packages such goods;
(ii) if such goods are natural goods, exploits the goods;
(iii) if such goods are handicraft or industrial goods, makes or manufactures the goods,
and includes any person who trades or deals in such production, exploitation, making or manufacturing, as
the case may be, of the goods;
(l) “register” means the Register of Geographical Indications referred to in section 6;
(m) “registered” (with its grammatical variations) means registered under this Act;
(n) “registered proprietor ”, in relation to a geographical indication, means any association of
persons or of producers or any organisation for the time being entered in the reg ister as proprietor of
the geographical indication;
(o) “Registrar” means the Registrar of Geographical Indications referred to in section 3


Question: In Section 2, what is meant by "authorised user "?

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


Question: According to clause (b) of sub-section (1) of Section 2, what is provided?

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


Question: What does clause (c) of sub-section (1) of Section 2 provide?

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


Question: Under Section 2 sub-section (1), what is stated in clause (d)?

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


Question: What is specified in clause (e) of sub-section (1) of Section 2?

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


Question: How does Section 2 define "goods"?

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


Question: What does clause (f) of sub-section (1) of Section 2 provide?

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


Question: Under Section 2, how is "indication" defined?

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


Question: What is specified in clause (g) of sub-section (1) of Section 2?

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


Question: How does Section 2 define "name"?

Answer: any abbreviation of a name


Question: What does clause (h) of sub-section (1) of Section 2 provide?

Answer: “name” includes any abbreviation of a name


Question: Under Section 2, how is "package" defined?

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


Question: What is specified in clause (i) of sub-section (1) of Section 2?

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


Question: How does Section 2 define "prescribed"?

Answer: prescribed by rules made under this Act


Question: What does clause (j) of sub-section (1) of Section 2 provide?

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


Question: Under Section 2 sub-section (1), what is stated in clause (k)?

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


Question: What is specified in clause (i) of sub-section (1) of Section 2?

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


Question: According to clause (ii) of sub-section (1) of Section 2, what is provided?

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


Question: What does clause (iii) of sub-section (1) of Section 2 provide?

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


Question: Under Section 2, how is "register" defined?

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


Question: What is specified in clause (l) of sub-section (1) of Section 2?

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


Question: According to clause (m) of sub-section (1) of Section 2, what is provided?

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


Question: What does clause (n) of sub-section (1) of Section 2 provide?

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


Question: Under Section 2, how is "Registrar" defined?

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


Question: What is specified in clause (o) of sub-section (1) of Section 2?

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


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

Question: According to Section 2 sub-section (2), what is provided in relation to definitions and interpretation?

Answer:
Words and expressions used and not defined in this Act but defined in the Trade Marks Act, 1999
(47 of 1999) shall have the meanings respectively assigned to them in that Act.


Question: What does Section 2 sub-section (3) provide regarding definitions and interpretation?

Answer:
In this Act, unless the context otherwise requires, any reference—
(a) to the use of a geographical indication shall be construed as a reference to the use of a printed
or other visual representation of the geographical indication;
(b) to the use of a geographical indication in relation to goods shall be construed as a refe rence to
the use of the geographical indication upon, or in any physical or in any other rela tion whatsoever, to
such goods;
(c) to a registered geographical indication shall be construed as including a reference to a
geographical indication registered in the register;
(d) to the Registrar shall be construed as including a reference to any officer when discharging the
functions of the Registrar in pursuance of sub-section (2) of section 3;
(e) to the Geographical Indications Registry shall be construed as including a reference to any
office of the Geographical Indications Registry.


Question: Under Section 2 sub-section (3), what is stated in clause (a)?

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


Question: What is specified in clause (b) of sub-section (3) of Section 2?

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


Question: According to clause (c) of sub-section (3) of Section 2, what is provided?

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


Question: What does clause (d) of sub-section (3) of Section 2 provide?

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


Question: Under Section 2 sub-section (3), what is stated in clause (e)?

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


Section 3: Registrar of Geographical Indications .

Context:
(1) The Controller -General of Patents, Designs and
Trade Marks appointed under sub-section ( 1) of section 3 of the Trade Marks Act, 1999, shall be the
Registrar of Geographical Indications.
(2) The Central Government may appoint such officers with such designations as it thinks fit for the
purpose of discharging, under the superinten dence and direction of the Registrar, such functions of the
Registrar under this Act, as he may from time to time authorise them to discharge.

Question: What is laid down in Section 3 sub-section (1) concerning registrar of geographical indications?

Answer:
The Controller -General of Patents, Designs and
Trade Marks appointed under sub-section ( 1) of section 3 of the Trade Marks Act, 1999, shall be the
Registrar of Geographical Indications.


Question: According to Section 3 sub-section (2), what is provided in relation to registrar of geographical indications?

Answer:
The Central Government may appoint such officers with such designations as it thinks fit for the
purpose of discharging, under the superinten dence and direction of the Registrar, such functions of the
Registrar under this Act, as he may from time to time authorise them to discharge.


Question: What does Section 3 provide regarding registrar of geographical indications?

Answer:
(1) The Controller -General of Patents, Designs and
Trade Marks appointed under sub-section ( 1) of section 3 of the Trade Marks Act, 1999, shall be the
Registrar of Geographical Indications.
(2) The Central Government may appoint such officers with such designations as it thinks fit for the
purpose of discharging, under the superinten dence and direction of the Registrar, such functions of the
Registrar under this Act, as he may from time to time authorise them to discharge.


Section 5: Geographical Indications Registry and office s thereof.

Context:
(1) For the purpose of this Act, ther e
shall be established a Registry which shall be known as the Geographical Indications Registry.
(2) The head office of the Geographical Indications Registry shall be at such place as the Central
Government may, by notification in the Official Gazette, specify, and for the purpose of facilitating the
registrations of geographical indications, there may be established at such places as the Central
Government may think fit branch offices of the Geographical Indications Registry.
(3) The Central Government may, by notification in the Official Gazette, define the territorial limits
within which an office of the Geographical Indications Registry may exercise its functions.

Question: According to Section 5 sub-section (1), what is provided in relation to geographical indications registry and office s thereof?

Answer:
For the purpose of this Act, ther e
shall be established a Registry which shall be known as the Geographical Indications Registry.


Question: What does Section 5 sub-section (2) provide regarding geographical indications registry and office s thereof?

Answer:
The head office of the Geographical Indications Registry shall be at such place as the Central
Government may, by notification in the Official Gazette, specify, and for the purpose of facilitating the
registrations of geographical indications, there may be established at such places as the Central
Government may think fit branch offices of the Geographical Indications Registry.


Question: Under Section 5 sub-section (3), what is stated about geographical indications registry and office s thereof?

Answer:
The Central Government may, by notification in the Official Gazette, define the territorial limits
within which an office of the Geographical Indications Registry may exercise its functions.


Context: (4) There shall be a seal of the Geographical Indications Registry.

Question: What is laid down in Section 5 sub-section (4) concerning geographical indications registry and office s thereof?

Answer: There shall be a seal of the Geographical Indications Registry.


Context:
(1) For the purpose of this Act, ther e
shall be established a Registry which shall be known as the Geographical Indications Registry.
(2) The head office of the Geographical Indications Registry shall be at such place as the Central
Government may, by notification in the Official Gazette, specify, and for the purpose of facilitating the
registrations of geographical indications, there may be established at such places as the Central
Government may think fit branch offices of the Geographical Indications Registry.
(3) The Central Government may, by notification in the Official Gazette, define the territorial limits
within which an office of the Geographical Indications Registry may exercise its functions.
(4) There shall be a seal of the Geographical Indications Registry.

Question: According to Section 5, what is provided in relation to geographical indications registry and office s thereof?

Answer:
(1) For the purpose of this Act, ther e
shall be established a Registry which shall be known as the Geographical Indications Registry.
(2) The head office of the Geographical Indications Registry shall be at such place as the Central
Government may, by notification in the Official Gazette, specify, and for the purpose of facilitating the
registrations of geographical indications, there may be established at such places as the Central
Government may think fit branch offices of the Geographical Indications Registry.
(3) The Central Government may, by notification in the Official Gazette, define the territorial limits
within which an office of the Geographical Indications Registry may exercise its functions.
(4) There shall be a seal of the Geographical Indications Registry.


Section 7: Part A and Part B of the register.

Context:
(1) The register referred to in section 6 shall be divided into
two Parts called respectively Part A and Part B.
(2) The particulars relating to the registration of the geographical indications shall be incorporated and
form Part A of the register in the prescribed manner.
(3) The particulars relating to the registration of the authorised users shall be incorporated and form
part of Part B of the register in the prescribed manner.

Question: What does Section 7 sub-section (1) provide regarding part a and part b of the register?

Answer:
The register referred to in section 6 shall be divided into
two Parts called respectively Part A and Part B.


Question: Under Section 7 sub-section (2), what is stated about part a and part b of the register?

Answer:
The particulars relating to the registration of the geographical indications shall be incorporated and
form Part A of the register in the prescribed manner.


Question: What is laid down in Section 7 sub-section (3) concerning part a and part b of the register?

Answer:
The particulars relating to the registration of the authorised users shall be incorporated and form
part of Part B of the register in the prescribed manner.


Question: According to Section 7, what is provided in relation to part a and part b of the register?

Answer:
(1) The register referred to in section 6 shall be divided into
two Parts called respectively Part A and Part B.
(2) The particulars relating to the registration of the geographical indications shall be incorporated and
form Part A of the register in the prescribed manner.
(3) The particulars relating to the registration of the authorised users shall be incorporated and form
part of Part B of the register in the prescribed manner.


Section 8: Registration to be in respec t of particular goods and area.

Context:
(1) A geographical indication may
be registered in respect of any or all of the goods, comprised in such class of goods as may be classified
by the Registrar and in respect of a defi nite territory of a country, or a region or locality in that territory,
as the case may be.
(2) The Registrar shall classify the goods under sub -section (1), as far as may be, in accordance with
the International classification of goods for the purposes of registration of geographical indications.
(3) The Registrar may publish in the prescribed manner an alphabetical index of classification of
goods referred to in sub-section (2).

Question: What does Section 8 sub-section (1) provide regarding registration to be in respec t of particular goods and area?

Answer:
A geographical indication may
be registered in respect of any or all of the goods, comprised in such class of goods as may be classified
by the Registrar and in respect of a defi nite territory of a country, or a region or locality in that territory,
as the case may be.


Question: Under Section 8 sub-section (2), what is stated about registration to be in respec t of particular goods and area?

Answer:
The Registrar shall classify the goods under sub -section (1), as far as may be, in accordance with
the International classification of goods for the purposes of registration of geographical indications.


Question: What is laid down in Section 8 sub-section (3) concerning registration to be in respec t of particular goods and area?

Answer:
The Registrar may publish in the prescribed manner an alphabetical index of classification of
goods referred to in sub-section (2).


Context:
(4) Any question arising as to the class within which any goods fall or the definite area as referred to
in sub-section (1) in respect of which the geographical indication is to be registered or where any goods
are not specified in the alphabetical index of goods published under sub-section (3) shall be determined by
the Registrar whose decision in the matter shall be final.

Question: According to Section 8 sub-section (4), what is provided in relation to registration to be in respec t of particular goods and area?

Answer:
Any question arising as to the class within which any goods fall or the definite area as referred to
in sub-section (1) in respect of which the geographical indication is to be registered or where any goods
are not specified in the alphabetical index of goods published under sub-section (3) shall be determined by
the Registrar whose decision in the matter shall be final.


Context:
(1) A geographical indication may
be registered in respect of any or all of the goods, comprised in such class of goods as may be classified
by the Registrar and in respect of a defi nite territory of a country, or a region or locality in that territory,
as the case may be.
(2) The Registrar shall classify the goods under sub -section (1), as far as may be, in accordance with
the International classification of goods for the purposes of registration of geographical indications.
(3) The Registrar may publish in the prescribed manner an alphabetical index of classification of
goods referred to in sub-section (2).
(4) Any question arising as to the class within which any goods fall or the definite area as referred to
in sub-section (1) in respect of which the geographical indication is to be registered or where any goods
are not specified in the alphabetical index of goods published under sub-section (3) shall be determined by
the Registrar whose decision in the matter shall be final.

Question: What does Section 8 provide regarding registration to be in respec t of particular goods and area?

Answer:
(1) A geographical indication may
be registered in respect of any or all of the goods, comprised in such class of goods as may be classified
by the Registrar and in respect of a defi nite territory of a country, or a region or locality in that territory,
as the case may be.
(2) The Registrar shall classify the goods under sub -section (1), as far as may be, in accordance with
the International classification of goods for the purposes of registration of geographical indications.
(3) The Registrar may publish in the prescribed manner an alphabetical index of classification of
goods referred to in sub-section (2).
(4) Any question arising as to the class within which any goods fall or the definite area as referred to
in sub-section (1) in respect of which the geographical indication is to be registered or where any goods
are not specified in the alphabetical index of goods published under sub-section (3) shall be determined by
the Registrar whose decision in the matter shall be final.


Section 9: Prohibition of registration of certain geographical indications.

Context:
(a) the use of which would be likely to deceive or cause confusion; or
(b) the use of which would be contrary to any law for the time being in force; or
(c) which comprises or contains scandalous or obscene matter; or

Question: Under Section 9, what is stated about prohibition of registration of certain geographical indications?

Answer: the use of which would be likely to deceive or cause confusion; or


Question: What is laid down in Section 9 concerning prohibition of registration of certain geographical indications?

Answer: the use of which would be contrary to any law for the time being in force; or


Question: According to Section 9, what is provided in relation to prohibition of registration of certain geographical indications?

Answer: which comprises or contains scandalous or obscene matter; or


Context:
(d) which comprises or contains any matter likely to hurt the religious susceptibilities of any class
or section of the citizens of India; or
(e) which would otherwise be disentitled to protection in a court; or
(f) which are determined to be generic names or indications of goods and are, therefore, not or
ceased to be protected in their country of origin, or which have fallen into disuse in that country; or

Question: What does Section 9 provide regarding prohibition of registration of certain geographical indications?

Answer:
which comprises or contains any matter likely to hurt the religious susceptibilities of any class
or section of the citizens of India; or


Question: Under Section 9, what is stated about prohibition of registration of certain geographical indications?

Answer: which would otherwise be disentitled to protection in a court; or


Question: What is laid down in Section 9 concerning prohibition of registration of certain geographical indications?

Answer:
which are determined to be generic names or indications of goods and are, therefore, not or
ceased to be protected in their country of origin, or which have fallen into disuse in that country; or


Context:
(g) which, although literally true as to the territory, region or locality in which the goods
originate, but falsely represent to the persons that the goods originate in anot her territory, region or
locality, as the case may be,
shall not be registered as a geographical indication.
Explanation 1.—For the purposes of this section, “generic names or indications”, in relation to goods,
means the name of a goods which, although relates to the place or the region where the goods was
originally produced or manufactured, has lost its original meaning and has become the common name of
such goods and serves as a designa tion for or indication of the kind, nature, type or other property or
characteristic of the goods.
Explanation 2.—In determining whether the name has become generic, account shall be taken of all
factors including the existing situation in the region or place in which the name originates and the area of
consumption of the goods.

Question: According to Section 9, what is provided in relation to prohibition of registration of certain geographical indications?

Answer:
which, although literally true as to the territory, region or locality in which the goods
originate, but falsely represent to the persons that the goods originate in anot her territory, region or
locality, as the case may be,
shall not be registered as a geographical indication.
Explanation 1.—For the purposes of this section, “generic names or indications”, in relation to goods,
means the name of a goods which, although relates to the place or the region where the goods was
originally produced or manufactured, has lost its original meaning and has become the common name of
such goods and serves as a designa tion for or indication of the kind, nature, type or other property or
characteristic of the goods.
Explanation 2.—In determining whether the name has become generic, account shall be taken of all
factors including the existing situation in the region or place in which the name originates and the area of
consumption of the goods.


Question: Under Section 9, what is stated in Explanation 1?

Answer:
For the purposes of this section, “generic names or indications”, in relation to goods,
means the name of a goods which, although relates to the place or the region where the goods was
originally produced or manufactured, has lost its original meaning and has become the common name of
such goods and serves as a designa tion for or indication of the kind, nature, type or other property or
characteristic of the goods.


Question: What is explained in Explanation 2 to Section 9?

Answer:
In determining whether the name has become generic, account shall be taken of all
factors including the existing situation in the region or place in which the name originates and the area of
consumption of the goods.


Section 10: Registration of homonymous geographical indications.

Context:
Subject to the provisions of section 7,
a homonymous geographical indication may be registered under this Act, if the Registrar is satisfied, after
considering the practical conditions under which the homonymous indication in question sh all be
differentiated from other homonymous indications and the need to ensure equitable treatment of the
producers of the goods concerned, that the consumers of such goods shall not be confused or misled in
consequence of such registration.

Question: What is laid down in Section 10 concerning registration of homonymous geographical indications?

Answer:
Subject to the provisions of section 7,
a homonymous geographical indication may be registered under this Act, if the Registrar is satisfied, after
considering the practical conditions under which the homonymous indication in question sh all be
differentiated from other homonymous indications and the need to ensure equitable treatment of the
producers of the goods concerned, that the consumers of such goods shall not be confused or misled in
consequence of such registration.


Question: According to Section 10, what is provided in relation to registration of homonymous geographical indications?

Answer:
Subject to the provisions of section 7,
a homonymous geographical indication may be registered under this Act, if the Registrar is satisfied, after
considering the practical conditions under which the homonymous indication in question sh all be
differentiated from other homonymous indications and the need to ensure equitable treatment of the
producers of the goods concerned, that the consumers of such goods shall not be confused or misled in
consequence of such registration.


Section 11: Application for registration .

Context:
(1) Any association of persons or producers or any organisation
or authority established by or under any law for the time being in force representing the interest of the
producers of the concerned goods, who are desirous of registering a geographical indication in relation to
such goods shall apply in writing to the Registrar in such form and in such manner and accompanied by
such fees as may be prescribed for the registration of the geographical indication.

Question: What does Section 11 sub-section (1) provide regarding application for registration?

Answer:
Any association of persons or producers or any organisation
or authority established by or under any law for the time being in force representing the interest of the
producers of the concerned goods, who are desirous of registering a geographical indication in relation to
such goods shall apply in writing to the Registrar in such form and in such manner and accompanied by
such fees as may be prescribed for the registration of the geographical indication.


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

Question: Under Section 11 sub-section (2), what is stated about application for registration?

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


Question: What is specified in clause (a) of sub-section (2) of Section 11?

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


Question: According to clause (b) of sub-section (2) of Section 11, what is provided?

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


Question: What does clause (c) of sub-section (2) of Section 11 provide?

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


Question: Under Section 11 sub-section (2), what is stated in clause (d)?

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


Question: What is specified in clause (e) of sub-section (2) of Section 11?

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


Question: According to clause (f) of sub-section (2) of Section 11, what is provided?

Answer: such other particulars as may be prescribed.


Question: What does Section 11 sub-section (3) provide regarding application for registration?

Answer:
A single application may be made for registration of a geographical indication for different classes
of goods and fee payable therefor shall be in respect of each such class of goods.


Context:
(4) Every application under sub-section (1) shall be filed in the office of the Geographical Indications
Registry within whose territorial limits, the territory of the country or the region or locality in the country
to which the geographical indication relates is situated:
Provided that where such territory, region or locality, as the case may be, is not situated i n India, the
application shall be filed in the office of the Geographical Indications Registry within whose territorial
limits the place mentioned in the address for services in India as disclosed in the application, is situated.
(5) Every applications un der sub-section (1) shall be examined by the Registrar in su ch manner as
may be prescribed.
(6) Subject to the provisions of this Act, the Registrar may refuse the application or may accept it
absolutely or subject to such amendments, modification, conditions or limitations, if any, as he thinks fit.

Question: Under Section 11 sub-section (4), what is stated about application for registration?

Answer:
Every application under sub-section (1) shall be filed in the office of the Geographical Indications
Registry within whose territorial limits, the territory of the country or the region or locality in the country
to which the geographical indication relates is situated:
Provided that where such territory, region or locality, as the case may be, is not situated i n India, the
application shall be filed in the office of the Geographical Indications Registry within whose territorial
limits the place mentioned in the address for services in India as disclosed in the application, is situated.


Question: What does the proviso to Section 11 sub-section (4) state?

Answer:
where such territory, region or locality, as the case may be, is not situated i n India, the
application shall be filed in the office of the Geographical Indications Registry within whose territorial
limits the place mentioned in the address for services in India as disclosed in the application, is situated.


Question: According to Section 11 sub-section (5), what is provided in relation to application for registration?

Answer:
Every applications un der sub-section (1) shall be examined by the Registrar in su ch manner as
may be prescribed.


Question: What does Section 11 sub-section (6) provide regarding application for registration?

Answer:
Subject to the provisions of this Act, the Registrar may refuse the application or may accept it
absolutely or subject to such amendments, modification, conditions or limitations, if any, as he thinks fit.


Context:
(7) In the case of refusal or conditional acceptance of application, the Registrar shall record in writing
the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his
decision.

Question: Under Section 11 sub-section (7), what is stated about application for registration?

Answer:
In the case of refusal or conditional acceptance of application, the Registrar shall record in writing
the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his
decision.


Section 12: Withdrawal of acceptance.

Context:
(a) that the application has been accepted in error, or
(b) that in the circumstances of the case the geographical indication should not be registered or
should be registered subject to conditions or limitations or to conditions additional to or different from
the conditions or limitations subject to which the application has been accepted,
the Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if
the application had not been accepted.

Question: What is laid down in Section 12 concerning withdrawal of acceptance?

Answer: that the application has been accepted in error, or


Section 12: Withdrawal of acceptance.

Question: According to Section 12, what is provided in relation to withdrawal of acceptance?

Answer:
that in the circumstances of the case the geographical indication should not be registered or
should be registered subject to conditions or limitations or to conditions additional to or different from
the conditions or limitations subject to which the application has been accepted,
the Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if
the application had not been accepted.


Section 12: Withdrawal of acceptance.

Context:
Where, after the acceptance of an application for registration of a
geographical indication but before its registration, the Registrar is satisfied,—
(a) that the application has been accepted in error, or
(b) that in the circumstances of the case the geographical indication should not be registered or
should be registered subject to conditions or limitations or to conditions additional to or different from
the conditions or limitations subject to which the application has been accepted,
the Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if
the application had not been accepted.

Question: What does Section 12 provide regarding withdrawal of acceptance?

Answer:
Where, after the acceptance of an application for registration of a
geographical indication but before its registration, the Registrar is satisfied,—
(a) that the application has been accepted in error, or
(b) that in the circumstances of the case the geographical indication should not be registered or
should be registered subject to conditions or limitations or to conditions additional to or different from
the conditions or limitations subject to which the application has been accepted,
the Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if
the application had not been accepted.


Section 13: Advertisement of application.

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

Question: Under Section 13 sub-section (1), what is stated about advertisement of application?

Answer:
When an application for registration of a geographical
indication has been accepted, whether absolutely or subject to conditions or limitations, the Registrar
shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or
limitations, if any, subject t o which it has been accepted, to be advertised in su ch manner as may be
prescribed.


Question: What is laid down in Section 13 sub-section (2) concerning advertisement of application?

Answer:
Where after advertisement of an application—
(a) an error in the application has been corrected; or
(b) the application has been permitted to be amended under section 15,
the Registrar may, in his discretion cause the application to be advertised again or instead of causing the
application to be advertised again, notify in the prescribed manner, the correction made in the application.


Question: According to clause (a) of sub-section (2) of Section 13, what is provided?

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


Question: What does clause (b) of sub-section (2) of Section 13 provide?

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


Question: Under Section 13, what is stated about advertisement of application?

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


Section 14: Opposition to registration .

Context:
(1) Any person may, within three months from the date of
advertisement or readvertisement of an application for registration or within such further period, not
exceeding one month, in the aggregate, as the Registrar, on application made to him in such manner and
on payment of such fee as may be prescribed allows, give notice in writing in the prescribed manner to the
Registrar, of opposition to the registration.
(2) The Registrar shall serve a copy of the notice on the applicant for registration and, within t wo
months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall sent
to the Registrar in the prescribed manner a counter -statement of the grounds on which he relies for his
application, and if he does not do so, he shall be deemed to have abandoned his application.
(3) If the applicant sends such counter -statement, the Registrar shall serve a copy thereof on the
person giving notice of opposition.

Question: What is laid down in Section 14 sub-section (1) concerning opposition to registration?

Answer:
Any person may, within three months from the date of
advertisement or readvertisement of an application for registration or within such further period, not
exceeding one month, in the aggregate, as the Registrar, on application made to him in such manner and
on payment of such fee as may be prescribed allows, give notice in writing in the prescribed manner to the
Registrar, of opposition to the registration.


Question: According to Section 14 sub-section (2), what is provided in relation to opposition to registration?

Answer:
The Registrar shall serve a copy of the notice on the applicant for registration and, within t wo
months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall sent
to the Registrar in the prescribed manner a counter -statement of the grounds on which he relies for his
application, and if he does not do so, he shall be deemed to have abandoned his application.


Question: What does Section 14 sub-section (3) provide regarding opposition to registration?

Answer:
If the applicant sends such counter -statement, the Registrar shall serve a copy thereof on the
person giving notice of opposition.


Context:
(4) Any evidence upon which the opponent and the applicant may rely s hall be submitted in such
manner and within the such time as may be prescribed to the Registrar, and the Registrar shall give an
opportunity to them to be heard, if they so desire.
(5) The Registrar shall, after hearing the parties, if so required, and con sidering the evidence, decide
whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may
take into account a ground of objection whether relied upon by the opponent or not.
(6) Where a person giving notice of opposition or an applicant sending a counter -statement after
receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require
him to give security for the costs of proceeding bef ore him, and in default of such secu rity being duly
given, may treat the opposition or application, as the case may be, as abandoned.

Question: Under Section 14 sub-section (4), what is stated about opposition to registration?

Answer:
Any evidence upon which the opponent and the applicant may rely s hall be submitted in such
manner and within the such time as may be prescribed to the Registrar, and the Registrar shall give an
opportunity to them to be heard, if they so desire.


Question: What is laid down in Section 14 sub-section (5) concerning opposition to registration?

Answer:
The Registrar shall, after hearing the parties, if so required, and con sidering the evidence, decide
whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may
take into account a ground of objection whether relied upon by the opponent or not.


Question: According to Section 14 sub-section (6), what is provided in relation to opposition to registration?

Answer:
Where a person giving notice of opposition or an applicant sending a counter -statement after
receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require
him to give security for the costs of proceeding bef ore him, and in default of such secu rity being duly
given, may treat the opposition or application, as the case may be, as abandoned.


Context:
(7) The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of
opposition or a counter-statement on such terms as he thinks just.

Question: What does Section 14 sub-section (7) provide regarding opposition to registration?

Answer:
The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of
opposition or a counter-statement on such terms as he thinks just.


Section 16: Registration.

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

Question: What does Section 16 sub-section (1) provide regarding registration?

Answer:
Subject to the provisions of section 12, when an application for registration of
a geographical indication has been accepted and either—
(a) the application has not been opposed and the time for notice of opposition has expired; or
(b) the application has been opposed and the opposition has been decided in favour of the
applicant,
the Registrar shall, unless the Central Government otherwise directs, register the said geographical
indication and the authorised users, if any, mentioned in the application and the geographical indication
and the authorised users when registered shall be registered as of the date of the making of the said
application and that date shall, subject to the provisions of section 84, be deemed to be the date of
registration.


Section 16: Registration.

Question: Under Section 16 sub-section (1), what is stated in clause (a)?

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


Section 16: Registration.

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

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


Section 16: Registration.

Question: According to Section 16 sub-section (2), what is provided in relation to registration?

Answer:
On the registration of a geographical indication, the Registrar shall issue each to the applicant and
the authorised users, if registered with the geographical indication, a certificate in such form as may be
prescribed of the registration thereof, sealed with the seal of the Geographical Indications Registry.


Section 16: Registration.

Question: What does Section 16 sub-section (3) provide regarding registration?

Answer:
Where registration of a geographical indication is not co mpleted within twelve months fro m the
date of the application by reason of default on the part of the applicant, the Registrar may, after giving
notice to the applicant in the prescribed manner , treat the application as abandoned unless it is completed
within the time specified in that behalf in the notice.


Section 16: Registration.

Context:
(4) The Registrar may amend the register or a certificate of registration for the purpose of correcting a
clerical error or an obvious mistake.

Question: Under Section 16 sub-section (4), what is stated about registration?

Answer:
The Registrar may amend the register or a certificate of registration for the purpose of correcting a
clerical error or an obvious mistake.


Section 17: Application for registration as authorised user.

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

Question: What is laid down in Section 17 sub-section (1) concerning application for registration as authorised user?

Answer:
Any person claiming to be the producer
of the goods in respect of which a geographical indication has been registered under section 16 may apply
in writing to the Registrar in the prescribed mann er for registering him as an authorised user o f such
geographical indication.


Question: According to Section 17 sub-section (2), what is provided in relation to application for registration as authorised user?

Answer:
The application under sub-section (1) shall be accompanied by a statement and such documents of
facts as may be prescribed and required by the Registrar to determine as to wh ether such person is the
producer of the goods referred to in that sub-section and such fee as may be prescribed.


Question: What does Section 17 sub-section (3) provide regarding application for registration as authorised user?

Answer:
The provisions of this Chapter relating to—
(a) the filing and examination of the application;
(b) the refusal and acceptance of registration;
(c) withdrawal of acceptance of application;
(d) advertisement of application;
(e) opposition to registration;
(f) correction or error in an amendment of the application; and
(g) registration,
shall apply in respect of the application and registrati on of authorised users referred to in sub -section (1)
in the same manner as they apply for the application for registration and registration of the geographical
indication.


Question: Under Section 17 sub-section (3), what is stated in clause (a)?

Answer: the filing and examination of the application


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

Answer: the refusal and acceptance of registration


Question: According to clause (c) of sub-section (3) of Section 17, what is provided?

Answer: withdrawal of acceptance of application


Question: What does clause (d) of sub-section (3) of Section 17 provide?

Answer: advertisement of application


Question: Under Section 17 sub-section (3), what is stated in clause (e)?

Answer: opposition to registration


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

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


Question: According to clause (g) of sub-section (3) of Section 17, what is provided?

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


Question: What does Section 17 provide regarding application for registration as authorised user?

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


Section 18: Duration, renewal, removal and restoration of registration .

Context:
(1) The registration of a
geographical indication shall be for a period of ten years, but may be renewed from time to time in
accordance with the provisions of this section.
(2) The registration of an authorised user shall be for a period of ten years or for the period till the date
on which the registration of the geographical indication in respect of which the au thorised user is
registered expires, whichever is earlier.
(3) The Registrar shall, on application made in the prescribed manner, by the registe red proprietor or
by the authorised user and within the prescribed period and subject to the payment of the prescribed fee,
renew the registration of the geographical indication or authorised user, as the case may be, for a period of
ten years from the dat e of expiration of the original registration or of the last renewal of registration, as
the case may be (which date is in this section referred to as the expiration of the last registration).

Question: Under Section 18 sub-section (1), what is stated about duration, renewal, removal and restoration of registration?

Answer:
The registration of a
geographical indication shall be for a period of ten years, but may be renewed from time to time in
accordance with the provisions of this section.


Question: What is laid down in Section 18 sub-section (2) concerning duration, renewal, removal and restoration of registration?

Answer:
The registration of an authorised user shall be for a period of ten years or for the period till the date
on which the registration of the geographical indication in respect of which the au thorised user is
registered expires, whichever is earlier.


Question: According to Section 18 sub-section (3), what is provided in relation to duration, renewal, removal and restoration of registration?

Answer:
The Registrar shall, on application made in the prescribed manner, by the registe red proprietor or
by the authorised user and within the prescribed period and subject to the payment of the prescribed fee,
renew the registration of the geographical indication or authorised user, as the case may be, for a period of
ten years from the dat e of expiration of the original registration or of the last renewal of registration, as
the case may be (which date is in this section referred to as the expiration of the last registration).


Context:
(4) At the prescribed time before the expiration of the last reg istration of a geographical indication or
the authorised user, as the case may be, the Registrar shall send notice in the prescribed manner to the
registered p roprietor or the authorised user , as the case may be, of the date of expiration and the
conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained,
and, if at the expiration of time prescribed in that behalf those conditions have not been duly complied
with, the Registrar may remove the geographical indication or the authorised user, as the case may be,
from the register:
Provided that the Registrar shall not remove the geographical indication or the authorised user, as the
case may be, from the register, if an application is made in the prescribed form and the prescribed fee and
surcharge i s paid within six months from th e expiration of the last registration of the geographical
indication or the authorised user, as the case may be, and shall renew the registration of geographical
indication or the authorised user, as the case may be, for a period of ten years under sub-section (3).

Question: What does Section 18 sub-section (4) provide regarding duration, renewal, removal and restoration of registration?

Answer:
At the prescribed time before the expiration of the last reg istration of a geographical indication or
the authorised user, as the case may be, the Registrar shall send notice in the prescribed manner to the
registered p roprietor or the authorised user , as the case may be, of the date of expiration and the
conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained,
and, if at the expiration of time prescribed in that behalf those conditions have not been duly complied
with, the Registrar may remove the geographical indication or the authorised user, as the case may be,
from the register:
Provided that the Registrar shall not remove the geographical indication or the authorised user, as the
case may be, from the register, if an application is made in the prescribed form and the prescribed fee and
surcharge i s paid within six months from th e expiration of the last registration of the geographical
indication or the authorised user, as the case may be, and shall renew the registration of geographical
indication or the authorised user, as the case may be, for a period of ten years under sub-section (3).


Question: Under Section 18 sub-section (4), what is provided in the proviso?

Answer:
the Registrar shall not remove the geographical indication or the authorised user, as the
case may be, from the register, if an application is made in the prescribed form and the prescribed fee and
surcharge i s paid within six months from th e expiration of the last registration of the geographical
indication or the authorised user, as the case may be, and shall renew the registration of geographical
indication or the authorised user, as the case may be, for a period of ten years under sub-section (3).


Context:
(5) Where a geographical indication or authorised user, as the case may be, has been removed from the
register for non -payment of the prescribed fee, the Registrar shall, after six mon ths and within one year
from the expiration of the last registration of the geographical indication or the authorised user, as the case
may be, on receipt of an application in the prescribed form and on payment of the prescribed fee, if
satisfied that it is just so to do, restore the geographical indication or the authorised user, as the case may
be, to the register and renew registration of the geographical indication or authorised user, as the case may
be, either generally or subject to such condition or limitation as he thinks fit to impose, for a period of ten
years from the expiration of the last registration.

Question: What is laid down in Section 18 sub-section (5) concerning duration, renewal, removal and restoration of registration?

Answer:
Where a geographical indication or authorised user, as the case may be, has been removed from the
register for non -payment of the prescribed fee, the Registrar shall, after six mon ths and within one year
from the expiration of the last registration of the geographical indication or the authorised user, as the case
may be, on receipt of an application in the prescribed form and on payment of the prescribed fee, if
satisfied that it is just so to do, restore the geographical indication or the authorised user, as the case may
be, to the register and renew registration of the geographical indication or authorised user, as the case may
be, either generally or subject to such condition or limitation as he thinks fit to impose, for a period of ten
years from the expiration of the last registration.


Section 19: Effect of removal from register for failure to pay fee for renewal .

Context:
(a) that there has been no bona fide trade use of the geographical indication which has been
removed within the two years immediately preceding its removal; or
(b) that no deception or confusion would be likely to arise from the use of the geographical
indication which is the subject of the application for registration by reason of any previous use of the
geographical indication which has been removed.

Question: According to Section 19, what is provided in relation to effect of removal from register for failure to pay fee for renewal?

Answer:
that there has been no bona fide trade use of the geographical indication which has been
removed within the two years immediately preceding its removal; or


Question: What does Section 19 provide regarding effect of removal from register for failure to pay fee for renewal?

Answer:
that no deception or confusion would be likely to arise from the use of the geographical
indication which is the subject of the application for registration by reason of any previous use of the
geographical indication which has been removed.


Context:
Where a geographical
indication has been removed from the register for fa ilure to pay the fee for renewal, it shall nevertheless,
for the purpose of any application for the registration of another geographical indication during one year,
next after the date of removal, be deemed to be a geographical indication already on th e register, unless
the Registrar or the High Court, as the case may be, is satisfied either—
(a) that there has been no bona fide trade use of the geographical indication which has been
removed within the two years immediately preceding its removal; or
(b) that no deception or confusion would be likely to arise from the use of the geographical
indication which is the subject of the application for registration by reason of any previous use of the
geographical indication which has been removed.

Question: Under Section 19, what is stated about effect of removal from register for failure to pay fee for renewal?

Answer:
Where a geographical
indication has been removed from the register for fa ilure to pay the fee for renewal, it shall nevertheless,
for the purpose of any application for the registration of another geographical indication during one year,
next after the date of removal, be deemed to be a geographical indication already on th e register, unless
the Registrar or the High Court, as the case may be, is satisfied either—
(a) that there has been no bona fide trade use of the geographical indication which has been
removed within the two years immediately preceding its removal; or
(b) that no deception or confusion would be likely to arise from the use of the geographical
indication which is the subject of the application for registration by reason of any previous use of the
geographical indication which has been removed.


Section 20: No action for infringement of unregistered geographical indication .

Context:
(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.

Question: What is laid down in Section 20 sub-section (1) concerning no action for infringement of unregistered geographical indication?

Answer:
No person shall be
entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an
unregistered geographical indication.


Question: According to Section 20 sub-section (2), what is provided in relation to no action for infringement of unregistered geographical indication?

Answer:
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.