Question: Under Section 52 (Right of registered user to take proceedings against infringement), what is provided in sub-section (1)?

Answer: Subject to any agreement subsisting between the pa rties, a registered user may institute proceedings for infringement in his own name as if he were the registered proprietor, making the registered proprietor a defendant and the rights and obligations of such registered user in such case being concurrent w ith those


Section 52: Right of registered user to take proceedings against infringement

Context:
(1) Subject to any agreement subsisting between the pa rties, a registered user may institute proceedings for infringement in his own name as if he were the registered proprietor, making the registered proprietor a defendant and the rights and obligations of such registered user in such case being concurrent w ith those of the registered proprietor.
(2) Notwithstanding anything contained in any other law, a registered proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.

Question: Under Section 52 (Right of registered user to take proceedings against infringement), what is provided in sub-section (2)?

Answer: Notwithstanding anything contained in any other law, a registered proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.


Question: What is laid down in sub-section (2) of Section 52?

Answer: Notwithstanding anything contained in any other law, a registered proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.


Section 54: Registered user not to have right of assignment or transmission

Context:
Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof. Explanation I .—The right of a registered user of a trade mark shall not be deemed to have been assigned or transmitted within the meaning of this section in the following cases, namely:— (a) where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm m ay use the trade mark, if otherwise in force, only for so long as the registered user is a member of the firm; (b) where the registered user being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the trade mark, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm. Explanation II.—For the purposes of Explanation I, “firm” has the same meaning as in the Indian Partnership Act, 1932 (9 of 1932). 55. Use of one of associated or substantially identical trade marks equivalent to use of another.—(1) Where under the provisions of this Act, use of a registered trade mark is requi red to be proved for any purpose, the Registrar or the High Court, as the case may be may, if and, so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved.
(2) The use of the whole of a registered trade mark shall, for the purpose of this Act, be deemed to be also use of any trade mark being a part thereof and registered in accordance wi th sub -section ( 1) of section 15 in the name of the same proprietor.

Question: What does sub-section (2) of Section 54 state?

Answer: The use of the whole of a registered trade mark shall, for the purpose of this Act, be deemed to be also use of any trade mark being a part thereof and registered in accordance wi th sub -section ( 1) of section 15 in the name of the same proprietor.


Question: Under Section 54 (Registered user not to have right of assignment or transmission), what is provided in sub-section (2)?

Answer: The use of the whole of a registered trade mark shall, for the purpose of this Act, be deemed to be also use of any trade mark being a part thereof and registered in accordance wi th sub -section ( 1) of section 15 in the name of the same proprietor.


Context:
Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof. Explanation I .—The right of a registered user of a trade mark shall not be deemed to have been assigned or transmitted within the meaning of this section in the following cases, namely:— (a) where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm m ay use the trade mark, if otherwise in force, only for so long as the registered user is a member of the firm; (b) where the registered user being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the trade mark, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm. Explanation II.—For the purposes of Explanation I, “firm” has the same meaning as in the Indian Partnership Act, 1932 (9 of 1932). 55. Use of one of associated or substantially identical trade marks equivalent to use of another.—(1) Where under the provisions of this Act, use of a registered trade mark is requi red to be proved for any purpose, the Registrar or the High Court, as the case may be may, if and, so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved.
(3) Notwithstanding anything in section 32, the use of part of the registered trade mark in sub -section

Question: Under Section 54 (Registered user not to have right of assignment or transmission), what is provided in sub-section (3)?

Answer: Notwithstanding anything in section 32, the use of part of the registered trade mark in sub -section


Question: What is laid down in sub-section (3) of Section 54?

Answer: Notwithstanding anything in section 32, the use of part of the registered trade mark in sub -section


Context:
Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof. Explanation I .—The right of a registered user of a trade mark shall not be deemed to have been assigned or transmitted within the meaning of this section in the following cases, namely:— (a) where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm m ay use the trade mark, if otherwise in force, only for so long as the registered user is a member of the firm; (b) where the registered user being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the trade mark, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm. Explanation II.—For the purposes of Explanation I, “firm” has the same meaning as in the Indian Partnership Act, 1932 (9 of 1932). 55. Use of one of associated or substantially identical trade marks equivalent to use of another.—(1) Where under the provisions of this Act, use of a registered trade mark is requi red to be proved for any purpose, the Registrar or the High Court, as the case may be may, if and, so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved.
(2) shall not be conclusive as to its evidence of distinctiveness for any purpose under this Act.

Question: What is laid down in sub-section (2) of Section 54?

Answer: shall not be conclusive as to its evidence of distinctiveness for any purpose under this Act.


Question: In Section 54, what does sub-section (2) say?

Answer: shall not be conclusive as to its evidence of distinctiveness for any purpose under this Act.


Section 56: Use of trade mark for export trade and use when fo rm of trade connection changes

Context: (1) The application in India of trade mark to goods to be exported from India or in relation to services for use outside India and any other act done in India in relation to goods to be so exported or services so rendered outside India which, if done in relation to goods to be sold or services provided or otherwise traded in within India would constitute use of a trade mark therein, shall be deemed to consti tute use of the trade mark in relation to those goods or services for any purpose for which such use is material u nder this Act or any other law. (2) The use of a registered trade mark in relation to goods or services between which and the person using the mark any form of connection in the course of trade subsists shall not be deemed to be likely to cause deception or confusion on the ground only that the mark has been or is used in relation to goods or services between which and the said person or a prede cessor in title of that person a different form of connection in the course of trade subsisted or subsists.

Question: What does Section 56 state about use of trade mark for export trade and use when fo rm of trade connection changes?

Answer: The application in India of trade mark to goods to be exported from India or in relation to services for use outside India and any other act done in India in relation to goods to be so exported or services so rendered outside India which, if done in relation to goods to be sold or services provided or otherwise traded


Question: Under Section 56, what is provided regarding use of trade mark for export trade and use when fo rm of trade connection changes?

Answer: The application in India of trade mark to goods to be exported from India or in relation to services for use outside India and any other act done in India in relation to goods to be so exported or services so rendered outside India which, if done in relation to goods to be sold or services provided or otherwise traded


Section 58: Correction of register

Context:
(1) The Registrar may, on application made in the prescribed manner by the registered proprietor,—
(a) correct any error in the name, address or description of the registered proprietor of a trade mark, or any other entry relating to the trade mark;
(b) enter any change in the name, address or description of the person who is registered as proprietor of a trade mark;
(c) cancel the entry of a trade mark on the register;
(d) strike out any goods or cl asses of goods or services from those in respect of wh ich a trade mark is registered, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him. (2) The Registrar may, on application made in the prescribed manner by a registered user of a trade mark, and after notice to the registered proprietor, correct any error, or enter any change, in the name, address or description of the registered user.

Question: What does clause (a) of Section 58 state?

Answer: correct any error in the name, address or description of the registered proprietor of a trade mark, or any other entry relating to the trade mark;


Section 58: Correction of register

Question: Under Section 58 (Correction of register), what is provided in clause (a)?

Answer: correct any error in the name, address or description of the registered proprietor of a trade mark, or any other entry relating to the trade mark;


Section 58: Correction of register

Question: Under Section 58 (Correction of register), what is provided in clause (b)?

Answer: enter any change in the name, address or description of the person who is registered as proprietor of a trade mark;


Section 58: Correction of register

Question: What is laid down in clause (b) of Section 58?

Answer: enter any change in the name, address or description of the person who is registered as proprietor of a trade mark;


Section 58: Correction of register

Question: What is laid down in clause (c) of Section 58?

Answer: cancel the entry of a trade mark on the register;


Section 58: Correction of register

Question: In Section 58, what does clause (c) say?

Answer: cancel the entry of a trade mark on the register;


Section 58: Correction of register

Question: In Section 58, what does clause (d) say?

Answer: strike out any goods or cl asses of goods or services from those in respect of wh ich a trade mark is registered, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him.


Section 58: Correction of register

Question: What does clause (d) of Section 58 state?

Answer: strike out any goods or cl asses of goods or services from those in respect of wh ich a trade mark is registered, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him.


Section 68: Additional grounds for removal of registration of collectiv e mark

Context: The registration of a collective mark may also be removed from the register on the ground— (a) that the manner in which the collective mark has been used by t he proprietor or authorised user has caused it to become liable to mislead the public as a collective mark; or (b) that the proprietor has failed to observe, or to secure the observance of the regulations governing the use of the mark. Explanation I.—For the purposes of this Chapter, unless the context otherwise requires, “ authorised user” means a member of an association authorised to use the registered coll ective mark of the association. Explanation II.—For the purposes of this Act, use of a collective ma rk by an authorised user referred to in Explanation I shall be deemed to be the use by the registered proprietor thereof.

Question: What does Section 68 state about additional grounds for removal of registration of collectiv e mark?

Answer: The registration of a collective mark may also be removed from the register on the ground— (a) that the manner in which the collective mark has been used by t he proprietor or authorised user has caused it to become liable to mislead the public as a collective mark


Question: Under Section 68, what is provided regarding additional grounds for removal of registration of collectiv e mark?

Answer: The registration of a collective mark may also be removed from the register on the ground— (a) that the manner in which the collective mark has been used by t he proprietor or authorised user has caused it to become liable to mislead the public as a collective mark


Section 132: Abandonment

Context: Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed u nder this Act or any Act relating to trade marks in force prior to the commencement of this Ac t, the Registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so , desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice.

Question: What does Section 132 state about abandonment?

Answer: Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed u nder this Act or any Act relating to trade marks in force prior to the commencement of this Ac t, the Registrar may, by notice require the applicant to remedy the default within a time specified and after


Section 132: Abandonment

Question: Under Section 132, what is provided regarding abandonment?

Answer: Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed u nder this Act or any Act relating to trade marks in force prior to the commencement of this Ac t, the Registrar may, by notice require the applicant to remedy the default within a time specified and after


Section 143: Address f or service

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

Question: What does Section 143 state about address f or service?

Answer: An address for service stated in an application or notice of opposition shall for the purposes of the application or notice of opposition be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relatio n to the application or notice of opposition may be served by leaving them


Section 143: Address f or service

Question: Under Section 143, what is provided regarding address f or service?

Answer: An address for service stated in an application or notice of opposition shall for the purposes of the application or notice of opposition be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relatio n to the application or notice of opposition may be served by leaving them


Section 144: Trade usage s, etc

Context: , to be taken into consideration .—In any proceeding re lating to a trade mark, the Registrar or the High Court, as the case may be, shall admit evidence of the usage s of the trade concerned and of any relevant trade mark or trade name or get up legi timately used by other persons.

Question: What does Section 144 state about trade usage s, etc?

Answer: , to be taken into consideration .—In any proceeding re lating to a trade mark, the Registrar or the High Court, as the case may be, shall admit evidence of the usage s of the trade concerned and of any relevant trade mark or trade name or get up legi timately used by other persons.


Section 144: Trade usage s, etc

Question: Under Section 144, what is provided regarding trade usage s, etc?

Answer: , to be taken into consideration .—In any proceeding re lating to a trade mark, the Registrar or the High Court, as the case may be, shall admit evidence of the usage s of the trade concerned and of any relevant trade mark or trade name or get up legi timately used by other persons.


Section 149: Reports of Registrar to be placed before Parliament

Context: The Central Government shall cau se to be placed before both Houses of Pa rliament once a year a report re specting the execution by or u nder the Registrar of this Act.

Question: What does Section 149 state about reports of Registrar to be placed before Parliament?

Answer: The Central Government shall cau se to be placed before both Houses of Pa rliament once a year a report re specting the execution by or u nder the Registrar of this Act.


Question: Under Section 149, what is provided regarding reports of Registrar to be placed before Parliament?

Answer: The Central Government shall cau se to be placed before both Houses of Pa rliament once a year a report re specting the execution by or u nder the Registrar of this Act.


Section 14: Rights of proprietor of lapsed design which have been restored

Context: (1) Where the registration of a design is restored, the rights of the registered proprietor shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the benefit of applying the design between the date when the registration of the design ceased to have effect and the date of restoration of the registration of the design.

Question: Under Section 14, what does sub-section (1) say?

Answer: Where the registration of a design is restored, the rights of the registered proprietor shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the benefit of applying the design between the date when the registration of the design ceased to have effect and the date of restoration of the registration of the design.


Context: (2) No suit or other proceeding shall be commenced in respect of piracy of a registered design or infringement of the copyright in such design committed between the date on which the registration of the design ceased to have effect and the date of the restoration of the design.

Question: What is set out in sub-section (2) of Section 14?

Answer: No suit or other proceeding shall be commenced in respect of piracy of a registered design or infringement of the copyright in such design committed between the date on which the registration of the design ceased to have effect and the date of the restoration of the design.


Section 22: Piracy of registered design

Context:
(a) for the purpose of sale to apply or cause to be applied to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, except with the license or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied; or
(b) to import for the purposes of sale, without the consent of the registered proprietor, any article belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof; or
(c) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article.

Question: What does clause (a) of sub-section (1) of Section 22 provide?

Answer: for the purpose of sale to apply or cause to be applied to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, except with the license or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied; or


Section 22: Piracy of registered design

Question: According to Section 22, what is stated in clause (b) of sub-section (1)?

Answer: to import for the purposes of sale, without the consent of the registered proprietor, any article belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof; or


Section 22: Piracy of registered design

Question: Under Section 22, what does clause (c) of sub-section (1) say?

Answer: knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article.


Section 22: Piracy of registered design

Context:
(a) to pay to the registered proprietor of the design a sum not exceeding twenty-five thousand rupees recoverable as a contract debt, or
(b) if the proprietor elects to bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly:
Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed fifty thousand rupees:
Provided further that no suit or any other proceeding for relief under this sub-section shall be instituted in any court below the court of District Judge.

Question: What is set out in clause (a) of sub-section (2) of Section 22?

Answer: to pay to the registered proprietor of the design a sum not exceeding twenty-five thousand rupees recoverable as a contract debt, or


Section 22: Piracy of registered design

Question: In Section 22, what does clause (b) of sub-section (2) specify?

Answer:
if the proprietor elects to bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly:
Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed fifty thousand rupees:
Provided further that no suit or any other proceeding for relief under this sub-section shall be instituted in any court below the court of District Judge.


Section 22: Piracy of registered design

Context: (3) In any suit or any other proceeding for relief under sub-section (2), ever ground on which the registration of a design may be cancelled under section 19 shall be available as a ground of defence.

Question: What does sub-section (3) of Section 22 provide?

Answer: In any suit or any other proceeding for relief under sub-section (2), ever ground on which the registration of a design may be cancelled under section 19 shall be available as a ground of defence.


Section 22: Piracy of registered design

Context: (4) Notwithstanding anything contained in the second proviso to sub-section (2), where any ground or which the registration of a design may be cancelled under section 19 has been availed of as a ground of defence under sub-section (3) in any suit or other proceeding for relief under sub-section (2), the suit or such other proceedings shall be transferred by the Cou rt, in which the suit or such other proceeding is pending, to the High Court for decision.

Question: According to Section 22, what is stated in sub-section (4)?

Answer: Notwithstanding anything contained in the second proviso to sub-section (2), where any ground or which the registration of a design may be cancelled under section 19 has been availed of as a ground of defence under sub-section (3) in any suit or other proceeding for relief under sub-section (2), the suit or such other proceedings shall be transferred by the Cou rt, in which the suit or such other proceeding is pending, to the High Court for decision.


Section 22: Piracy of registered design

Context: (5) When the court makes a decree in a suit under sub-section (2), it shall send a copy of the decree to the Controller, who shall cause an entry thereof to be made in the register of designs.

Question: Under Section 22, what does sub-section (5) say?

Answer: When the court makes a decree in a suit under sub-section (2), it shall send a copy of the decree to the Controller, who shall cause an entry thereof to be made in the register of designs.


Section 39: Evidence of documents in patent office

Context:
Printed or written copies or extracts, purporting to be certified by Controller and sealed wit h the seal of the patent office, of documents in the patent office, and of or from registers and other books kept there, shall be admitted in evidence in all courts in India, and in all proceedings, without further proof or production of the originals:
Provided that a court may, if it has reason to doubt the accuracy or authenticity of the copies tendered in evidence, require the production of the originals or such further proof as it considers necessary.

Question: Under Section 39, what does the section say?

Answer:
Printed or written copies or extracts, purporting to be certified by Controller and sealed wit h the seal of the patent office, of documents in the patent office, and of or from registers and other books kept there, shall be admitted in evidence in all courts in India, and in all proceedings, without further proof or production of the originals:
Provided that a court may, if it has reason to doubt the accuracy or authenticity of the copies tendered in evidence, require the production of the originals or such further proof as it considers necessary.


Section 41: Declaration by infant, lunatic, etc

Context: (1) If any person , is by reason of infancy , lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under this Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or , if there be none, any person appointed by any court possessing jurisdiction in respect of his property , may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of the person subject to the disability.

Question: In Section 41, what is provided in sub-section (1)?

Answer: If any person , is by reason of infancy , lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under this Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or , if there be none, any person appointed by any court possessing jurisdiction in respect of his property , may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of the person subject to the disability.


Context: (2) An appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing.

Question: What does sub-section (2) of Section 41 provide?

Answer: An appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing.


Section 4: Power of Registrar to withdraw or tran sfer cases, etc.

Context:
Without prejudice to the generality of
the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to be
recorded therein, withdraw any matter pending before an officer appointed under the said sub -section (2)
and deal with such matter himself eith er de novo or from the stage it was so withdrawn or transfer the
same to another officer so appointed who may, subject to special directions in the order of transfer,
proceed with the matter either de novo or from the stage it was so transferred.

Question: Under Section 4, what is stated about power of registrar to withdraw or tran sfer cases, etc?

Answer:
Without prejudice to the generality of
the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to be
recorded therein, withdraw any matter pending before an officer appointed under the said sub -section (2)
and deal with such matter himself eith er de novo or from the stage it was so withdrawn or transfer the
same to another officer so appointed who may, subject to special directions in the order of transfer,
proceed with the matter either de novo or from the stage it was so transferred.


Question: What is laid down in Section 4 concerning power of registrar to withdraw or tran sfer cases, etc?

Answer:
Without prejudice to the generality of
the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to be
recorded therein, withdraw any matter pending before an officer appointed under the said sub -section (2)
and deal with such matter himself eith er de novo or from the stage it was so withdrawn or transfer the
same to another officer so appointed who may, subject to special directions in the order of transfer,
proceed with the matter either de novo or from the stage it was so transferred.


Section 22: Infringement or registered geographical indications.

Context:
(1) A registered geographical indication
is infringed by a person who, not being an authorised user thereof,—
(a) uses such geographical indication by any means in the designations or presentation of goods
that indicates or suggests that such goods originate in a geographical area other than the true place of
origin of such goods in a manner which misleads the perso ns as to the geographical origin of such
goods; or
(b) uses any geographical indication in such manner which constitutes an act of unfair
competition including passing off in respect of registered geographical indication.
Explanation 1.—For the purposes of this clause, “act of unfair competi tion” means any act of
competition contrary to honest practices in industrial or commercial matters.
Explanation 2.—For the removal of doubts, it is hereby clarified that the following acts shall be
deemed to be acts of unfair competition, namely:—
(i) all acts of such a nature as to create confusion by any means whatsoever with the
establishment, the goods or the industrial or commercial activities, of a competitor;
(ii) false allegations in the cours e of trade of such a nature as to discredit the establishment,
the goods or the industrial or commercial activities, of a competitor;
(iii) geographical indications, the use of which in the course of trade is liable to mislead the
persons as to the nature, the manufacturing process, the characteristics, the suitability for their
purpose, or the quantity, of the goods;
(c) uses another geographical indication to the goods which, although literally true as to the
territory, region or locality in which the goo ds originate, falsely represents to the persons that the
goods originate in the territory, region or locality in respect of which such registered g eographical
indication relates.

Question: What does Explanation 1 to Section 22 sub-section (1) explain?

Answer:
For the purposes of this clause, “act of unfair competi tion” means any act of
competition contrary to honest practices in industrial or commercial matters.


Question: Under Section 22 sub-section (1), what is stated in Explanation 2?

Answer:
For the removal of doubts, it is hereby clarified that the following acts shall be
deemed to be acts of unfair competition, namely:—
(i) all acts of such a nature as to create confusion by any means whatsoever with the
establishment, the goods or the industrial or commercial activities, of a competitor;
(ii) false allegations in the cours e of trade of such a nature as to discredit the establishment,
the goods or the industrial or commercial activities, of a competitor;
(iii) geographical indications, the use of which in the course of trade is liable to mislead the
persons as to the nature, the manufacturing process, the characteristics, the suitability for their
purpose, or the quantity, of the goods;
(c) uses another geographical indication to the goods which, although literally true as to the
territory, region or locality in which the goo ds originate, falsely represents to the persons that the
goods originate in the territory, region or locality in respect of which such registered g eographical
indication relates.


Question: Under Section 22 sub-section (1), what is stated in clause (a)?

Answer:
uses such geographical indication by any means in the designations or presentation of goods
that indicates or suggests that such goods originate in a geographical area other than the true place of
origin of such goods in a manner which misleads the perso ns as to the geographical origin of such
goods; or


Question: What is specified in clause (b) of sub-section (1) of Section 22?

Answer:
uses any geographical indication in such manner which constitutes an act of unfair
competition including passing off in respect of registered geographical indication.
Explanation 1.—For the purposes of this clause, “act of unfair competi tion” means any act of
competition contrary to honest practices in industrial or commercial matters.
Explanation 2.—For the removal of doubts, it is hereby clarified that the following acts shall be
deemed to be acts of unfair competition, namely:—


Question: According to clause (i) of sub-section (1) of Section 22, what is provided?

Answer:
all acts of such a nature as to create confusion by any means whatsoever with the
establishment, the goods or the industrial or commercial activities, of a competitor


Question: What does clause (ii) of sub-section (1) of Section 22 provide?

Answer:
false allegations in the cours e of trade of such a nature as to discredit the establishment,
the goods or the industrial or commercial activities, of a competitor


Question: Under Section 22 sub-section (1), what is stated in clause (iii)?

Answer:
geographical indications, the use of which in the course of trade is liable to mislead the
persons as to the nature, the manufacturing process, the characteristics, the suitability for their
purpose, or the quantity, of the goods


Question: What is specified in clause (c) of sub-section (1) of Section 22?

Answer:
uses another geographical indication to the goods which, although literally true as to the
territory, region or locality in which the goo ds originate, falsely represents to the persons that the
goods originate in the territory, region or locality in respect of which such registered g eographical
indication relates.


Context:
(2) The Central Government may, if it thinks necessary so to do for providing additional protection to
certain goods or classes of goods under sub -section (3), by notification in the Official Gazette, specify
such goods or class or classes of goods, for the purposes of such protection.
(3) Any person who is not an authorised user o f a geographical indication registered under this Act in
respect of the goods or any class or classes of goods notified under sub -section ( 2), uses any other
geographical indication to such goods or class or classes of goods not originating in the place indicated by
such other geographical indication or uses such other geographical indication to such goods or class or
classes of goods even indicating the true origin of such goods or uses such other geographic al indication
to such goods or class or classes o f goods in translation of the true place of origin or accompanied by
expression such as “kind”, “style”, “imitation” or the like expression, shall infringe such regi stered
geographical indication.

Question: According to Section 22 sub-section (2), what is provided in relation to infringement or registered geographical indications?

Answer:
The Central Government may, if it thinks necessary so to do for providing additional protection to
certain goods or classes of goods under sub -section (3), by notification in the Official Gazette, specify
such goods or class or classes of goods, for the purposes of such protection.


Question: What does Section 22 sub-section (3) provide regarding infringement or registered geographical indications?

Answer:
Any person who is not an authorised user o f a geographical indication registered under this Act in
respect of the goods or any class or classes of goods notified under sub -section ( 2), uses any other
geographical indication to such goods or class or classes of goods not originating in the place indicated by
such other geographical indication or uses such other geographical indication to such goods or class or
classes of goods even indicating the true origin of such goods or uses such other geographic al indication
to such goods or class or classes o f goods in translation of the true place of origin or accompanied by
expression such as “kind”, “style”, “imitation” or the like expression, shall infringe such regi stered
geographical indication.


Context:
(4) Notwithstanding anything contained in this section, whe re the goods in respect of which a
geographical indication has been registered are lawfully acquired by a person other than the authorised
user of such geographical indication, further dealings i n those goods by such person including processing
or packagin g, shall not constitute an infringement of such geographical indication, except where the
condition of goods is impaired after they have been put in the market.

Question: Under Section 22 sub-section (4), what is stated about infringement or registered geographical indications?

Answer:
Notwithstanding anything contained in this section, whe re the goods in respect of which a
geographical indication has been registered are lawfully acquired by a person other than the authorised
user of such geographical indication, further dealings i n those goods by such person including processing
or packagin g, shall not constitute an infringement of such geographical indication, except where the
condition of goods is impaired after they have been put in the market.


Section 24: Prohibition of a ssignment or transmission, etc.

Context:
Notwithstanding anything contained in any
law for the time being in force, any right to a registered geographical indication shall not be the subject
matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement:
Provided that on the death of an authorised user his right in a registered geographical indication shall
devolve on his successor in title under the law for the time being in force.

Question: Under Section 24, what is stated about prohibition of a ssignment or transmission, etc?

Answer:
Notwithstanding anything contained in any
law for the time being in force, any right to a registered geographical indication shall not be the subject
matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement:
Provided that on the death of an authorised user his right in a registered geographical indication shall
devolve on his successor in title under the law for the time being in force.


Question: What does the proviso to Section 24 state?

Answer:
on the death of an authorised user his right in a registered geographical indication shall
devolve on his successor in title under the law for the time being in force.


Question: According to Section 24, what is provided in relation to prohibition of a ssignment or transmission, etc?

Answer:
Notwithstanding anything contained in any
law for the time being in force, any right to a registered geographical indication shall not be the subject
matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement:
Provided that on the death of an authorised user his right in a registered geographical indication shall
devolve on his successor in title under the law for the time being in force.


Section 47: Exemption of certain persons employed in ordinary course of business.

Context:
(a) that in the ordinary course of his business he is employed on behalf of other persons to apply
geographical indications, or as the case may be, to make dies, blocks, machines, plates, or other
instruments for making, or being used in making, geographical indications;
(b) that in the case which is the subject of the charge he was so employed, and was not interested
in the goods or other thing by way of profit or commission depend on the sale of such goods;
(c) that, having taken all reasonable precautions against committing the offence charged, he had,
at the time of the commission of the alleged offence, no reason to suspect the genuineness of t he
geographical indication; and

Question: Under Section 47, what is stated about exemption of certain persons employed in ordinary course of business?

Answer:
that in the ordinary course of his business he is employed on behalf of other persons to apply
geographical indications, or as the case may be, to make dies, blocks, machines, plates, or other
instruments for making, or being used in making, geographical indications


Question: What is laid down in Section 47 concerning exemption of certain persons employed in ordinary course of business?

Answer:
that in the case which is the subject of the charge he was so employed, and was not interested
in the goods or other thing by way of profit or commission depend on the sale of such goods


Question: According to Section 47, what is provided in relation to exemption of certain persons employed in ordinary course of business?

Answer:
that, having taken all reasonable precautions against committing the offence charged, he had,
at the time of the commission of the alleged offence, no reason to suspect the genuineness of t he
geographical indication; and


Context:
(d) that, on demand made by or on behalf of the prosecutor, he gave all the infor mation in his
power with respect to the persons on whose behalf the geographical indication was applied,
he shall be acquitted.

Question: What does Section 47 provide regarding exemption of certain persons employed in ordinary course of business?

Answer:
that, on demand made by or on behalf of the prosecutor, he gave all the infor mation in his
power with respect to the persons on whose behalf the geographical indication was applied,
he shall be acquitted.


Context:
Where a person
accused of an offence under section 39 proves,—
(a) that in the ordinary course of his business he is employed on behalf of other persons to apply
geographical indications, or as the case may be, to make dies, blocks, machines, plates, or other
instruments for making, or being used in making, geographical indications;
(b) that in the case which is the subject of the charge he was so employed, and was not interested
in the goods or other thing by way of profit or commission depend on the sale of such goods;
(c) that, having taken all reasonable precautions against committing the offence charged, he had,
at the time of the commission of the alleged offence, no reason to suspect the genuineness of t he
geographical indication; and
(d) that, on demand made by or on behalf of the prosecutor, he gave all the infor mation in his
power with respect to the persons on whose behalf the geographical indication was applied,
he shall be acquitted.

Question: Under Section 47, what is stated about exemption of certain persons employed in ordinary course of business?

Answer:
Where a person
accused of an offence under section 39 proves,—
(a) that in the ordinary course of his business he is employed on behalf of other persons to apply
geographical indications, or as the case may be, to make dies, blocks, machines, plates, or other
instruments for making, or being used in making, geographical indications;
(b) that in the case which is the subject of the charge he was so employed, and was not interested
in the goods or other thing by way of profit or commission depend on the sale of such goods;
(c) that, having taken all reasonable precautions against committing the offence charged, he had,
at the time of the commission of the alleged offence, no reason to suspect the genuineness of t he
geographical indication; and
(d) that, on demand made by or on behalf of the prosecutor, he gave all the infor mation in his
power with respect to the persons on whose behalf the geographical indication was applied,
he shall be acquitted.


Section 77: Indexes.

Context:
(a) an index of registered geographical indications,
(b) an index of geographical indications in respect of which applications for registration are
pending,
(c) an index of the names of the proprietors of registered geographical indications, and

Question: What does Section 77 provide regarding indexes?

Answer: an index of registered geographical indications,


Section 77: Indexes.

Question: Under Section 77, what is stated about indexes?

Answer:
an index of geographical indications in respect of which applications for registration are
pending,


Section 77: Indexes.

Question: What is laid down in Section 77 concerning indexes?

Answer: an index of the names of the proprietors of registered geographical indications, and


Section 77: Indexes.

Context: (d) an index of the names of authorised users.

Question: According to Section 77, what is provided in relation to indexes?

Answer: an index of the names of authorised users.


Section 77: Indexes.

Context:
There shall be kept under the directions and supervision of the Registrar,—
(a) an index of registered geographical indications,
(b) an index of geographical indications in respect of which applications for registration are
pending,
(c) an index of the names of the proprietors of registered geographical indications, and
(d) an index of the names of authorised users.

Question: What does Section 77 provide regarding indexes?

Answer:
There shall be kept under the directions and supervision of the Registrar,—
(a) an index of registered geographical indications,
(b) an index of geographical indications in respect of which applications for registration are
pending,
(c) an index of the names of the proprietors of registered geographical indications, and
(d) an index of the names of authorised users.


Section 78: Documents open to public inspection.

Context:
(1) The following documents, subject to such
conditions as may be prescribed, be open to public inspection at the Geographical Indications Registry,
namely:—
(a) the register and any document upon which any entry in the register is based;
(b) every notice of opposition to the registration of a geographical indication, application for
rectification before the Registrar, counter -statement thereto, and any affidavit or document filed by
the parties in any proceedings before the Registrar;
(c) the indexes mentioned in section 77; and
(d) such other documents as the Central Government may, by notification in the Official Gazette,
specify:
Provided that where such register is maintained wholly or partly on computer, the inspection of
such register under this section shall be made by inspecting the computer print out of the relevant
entry in the register so maintained on computer.
(2) Any person may, on an application to the Registrar and on payment of such fee as may be
prescribed, obtain a certified copy of any entry in the register or any document referred to in
sub-section (1).

Question: Under Section 78 sub-section (1), what is stated about documents open to public inspection?

Answer:
The following documents, subject to such
conditions as may be prescribed, be open to public inspection at the Geographical Indications Registry,
namely:—
(a) the register and any document upon which any entry in the register is based;
(b) every notice of opposition to the registration of a geographical indication, application for
rectification before the Registrar, counter -statement thereto, and any affidavit or document filed by
the parties in any proceedings before the Registrar;
(c) the indexes mentioned in section 77; and
(d) such other documents as the Central Government may, by notification in the Official Gazette,
specify:
Provided that where such register is maintained wholly or partly on computer, the inspection of
such register under this section shall be made by inspecting the computer print out of the relevant
entry in the register so maintained on computer.


Question: Under Section 78 sub-section (1), what is provided in the proviso?

Answer:
where such register is maintained wholly or partly on computer, the inspection of
such register under this section shall be made by inspecting the computer print out of the relevant
entry in the register so maintained on computer.


Question: According to clause (a) of sub-section (1) of Section 78, what is provided?

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


Question: What does clause (b) of sub-section (1) of Section 78 provide?

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


Question: Under Section 78 sub-section (1), what is stated in clause (c)?

Answer: the indexes mentioned in section 77; and


Question: What is specified in clause (d) of sub-section (1) of Section 78?

Answer:
such other documents as the Central Government may, by notification in the Official Gazette,
specify:
Provided that where such register is maintained wholly or partly on computer, the inspection of
such register under this section shall be made by inspecting the computer print out of the relevant
entry in the register so maintained on computer.


Question: According to Section 78 sub-section (2), what is provided in relation to documents open to public inspection?

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


Question: What does Section 78 provide regarding documents open to public inspection?

Answer:
(1) The following documents, subject to such
conditions as may be prescribed, be open to public inspection at the Geographical Indications Registry,
namely:—
(a) the register and any document upon which any entry in the register is based;
(b) every notice of opposition to the registration of a geographical indication, application for
rectification before the Registrar, counter -statement thereto, and any affidavit or document filed by
the parties in any proceedings before the Registrar;
(c) the indexes mentioned in section 77; and
(d) such other documents as the Central Government may, by notification in the Official Gazette,
specify:
Provided that where such register is maintained wholly or partly on computer, the inspection of
such register under this section shall be made by inspecting the computer print out of the relevant
entry in the register so maintained on computer.
(2) Any person may, on an application to the Registrar and on payment of such fee as may be
prescribed, obtain a certified copy of any entry in the register or any document referred to in
sub-section (1).


Section 82: Declarations as to title of geographical indication not registera ble under the Registration
Act, 1908.

Context:
Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908) , no
document declaring or purporting to declare any title of a person to a geographical indication other than a
registered geographical indication shall be registered under that Act.

Question:
What is laid down in Section 82 concerning declarations as to title of geographical indication not registera ble under the registration
act, 1908?

Answer:
Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908) , no
document declaring or purporting to declare any title of a person to a geographical indication other than a
registered geographical indication shall be registered under that Act.


Question:
According to Section 82, what is provided in relation to declarations as to title of geographical indication not registera ble under the registration
act, 1908?

Answer:
Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908) , no
document declaring or purporting to declare any title of a person to a geographical indication other than a
registered geographical indication shall be registered under that Act.


Section 86: Powers of Central Government to re move difficulties.

Context:
(1) If any difficulty arises in giving
effect to the provisions of this Act, the Central Government may, by order published in the Official
Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to b e
necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of five years fro m the
commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid be fore each
House of Parliament.

Question: What is laid down in Section 86 sub-section (1) concerning powers of central government to re move difficulties?

Answer:
If any difficulty arises in giving
effect to the provisions of this Act, the Central Government may, by order published in the Official
Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to b e
necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of five years fro m the
commencement of this Act.


Question: What does the proviso to Section 86 sub-section (1) state?

Answer:
no order shall be made under this section after the expiry of five years fro m the
commencement of this Act.


Question: What does Section 86 sub-section (2) provide regarding powers of central government to re move difficulties?

Answer:
Every order made under this section shall, as soon as may be after it is made, be laid be fore each
House of Parliament.


Question: Under Section 86, what is stated about powers of central government to re move difficulties?

Answer:
(1) If any difficulty arises in giving
effect to the provisions of this Act, the Central Government may, by order published in the Official
Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to b e
necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of five years fro m the
commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid be fore each
House of Parliament.


Question: What is laid down in clause (a) of sub-section (1) of Section 22?

Answer:
uses such geographical indication by any means in the designations or presentation of goods
that indicates or suggests that such goods originate in a geographical area other than the true place of
origin of such goods in a manner which misleads the perso ns as to the geographical origin of such
goods; or


Question: In Section 22 on infringement or registered geographical indications, what does clause (b) of sub-section (1) state?

Answer:
uses any geographical indication in such manner which constitutes an act of unfair
competition including passing off in respect of registered geographical indication.
Explanation 1.—For the purposes of this clause, “act of unfair competi tion” means any act of
competition contrary to honest practices in industrial or commercial matters.
Explanation 2.—For the removal of doubts, it is hereby clarified that the following acts shall be
deemed to be acts of unfair competition, namely:—


Question: What is laid down in clause (i) of sub-section (1) of Section 22?

Answer:
all acts of such a nature as to create confusion by any means whatsoever with the
establishment, the goods or the industrial or commercial activities, of a competitor


Question: In Section 22 on infringement or registered geographical indications, what does clause (ii) of sub-section (1) state?

Answer:
false allegations in the cours e of trade of such a nature as to discredit the establishment,
the goods or the industrial or commercial activities, of a competitor


Question: What is laid down in clause (iii) of sub-section (1) of Section 22?

Answer:
geographical indications, the use of which in the course of trade is liable to mislead the
persons as to the nature, the manufacturing process, the characteristics, the suitability for their
purpose, or the quantity, of the goods


Question: In Section 22 on infringement or registered geographical indications, what does clause (c) of sub-section (1) state?

Answer:
uses another geographical indication to the goods which, although literally true as to the
territory, region or locality in which the goo ds originate, falsely represents to the persons that the
goods originate in the territory, region or locality in respect of which such registered g eographical
indication relates.


Question: What is laid down in clause (a) of sub-section (1) of Section 78?

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


Question: In Section 78 on documents open to public inspection, what does clause (b) of sub-section (1) state?

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


Question: What is laid down in clause (c) of sub-section (1) of Section 78?

Answer: the indexes mentioned in section 77; and


Question: In Section 78 on documents open to public inspection, what does clause (d) of sub-section (1) state?

Answer:
such other documents as the Central Government may, by notification in the Official Gazette,
specify:
Provided that where such register is maintained wholly or partly on computer, the inspection of
such register under this section shall be made by inspecting the computer print out of the relevant
entry in the register so maintained on computer.


Section 32: Establishment of Layout-Design Appellate Board.

Context: The Central Government shall, by notification in the Official Gazette, establish an Appellate Board to be known as the Layout-Design Appellate Board to exercise the jurisdiction, powers and authority conferred on it by or under this Act.

Question: What is laid down in section 32 with respect to establishment of layout-design appellate board?

Answer: The Central Government shall, by notification in the Official Gazette, establish an Appellate Board to be known as the Layout-Design Appellate Board to exercise the jurisdiction, powers and authority conferred on it by or under this Act.


Question: What does section 32 state?

Answer: The Central Government shall, by notification in the Official Gazette, establish an Appellate Board to be known as the Layout-Design Appellate Board to exercise the jurisdiction, powers and authority conferred on it by or under this Act.


Question: How does section 32 read?

Answer: The Central Government shall, by notification in the Official Gazette, establish an Appellate Board to be known as the Layout-Design Appellate Board to exercise the jurisdiction, powers and authority conferred on it by or under this Act.


Section 34: Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members.

Context: (1) A person shall not be qualified for appointment as Chairperson unless he— (1)(a) is, or has been, a Judge of a High Court; or (1)(b) has, for at least two years, held the office of a Vice-Chairperson. (2) A person shall not be qualified for appointment as a Vice-Chairperson, unless he— (2)(a) has, for at least two years, held the office of a Judicial Member or a Technical Member; or (2)(b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service or any higher post for at least five years. (3) A person shall not be qualified for appointment as a Judicial Member unless he— (3)(a) has been a member of the Indian Legal Service and has held the post in Grade I of that Service for at least three years; or (3)(b) has, for at least ten years, held a civil judicial office.

Question: What is laid down in section 34 with respect to qualifications for appointment as chairperson, vice-chairperson, or other members?

Answer: A person shall not be qualified for appointment as Chairperson unless he—


Question: What is provided in section 34(1)?

Answer: A person shall not be qualified for appointment as Chairperson unless he—


Question: What is laid down in section 34(1)?

Answer: A person shall not be qualified for appointment as Chairperson unless he—


Question: What does section 34(1)(a) state?

Answer: is, or has been, a Judge of a High Court;


Question: What is laid down in section 34(1)(a)?

Answer: is, or has been, a Judge of a High Court;


Question: What does section 34(1)(b) state?

Answer: has, for at least two years, held the office of a Vice-Chairperson.


Question: What is laid down in section 34(1)(b)?

Answer: has, for at least two years, held the office of a Vice-Chairperson.


Question: According to section 34(2), what is specified?

Answer: A person shall not be qualified for appointment as a Vice-Chairperson, unless he—


Question: What is laid down in section 34(2)?

Answer: A person shall not be qualified for appointment as a Vice-Chairperson, unless he—


Question: What is provided in section 34(2)(a)?

Answer: has, for at least two years, held the office of a Judicial Member or a Technical Member;


Question: What is laid down in section 34(2)(a)?

Answer: has, for at least two years, held the office of a Judicial Member or a Technical Member;


Question: According to section 34(2)(b), what is specified?

Answer: has been a member of the Indian Legal Service and has held a post in Grade I of that Service or any higher post for at least five years.


Question: Under section 34(2)(b), what provision is made?

Answer: has been a member of the Indian Legal Service and has held a post in Grade I of that Service or any higher post for at least five years.


Question: What is provided in section 34(3)?

Answer: A person shall not be qualified for appointment as a Judicial Member unless he—


Question: Under section 34(3), what provision is made?

Answer: A person shall not be qualified for appointment as a Judicial Member unless he—


Question: According to section 34(3)(a), what is specified?

Answer: has been a member of the Indian Legal Service and has held the post in Grade I of that Service for at least three years;


Question: How does section 34(3)(a) read?

Answer: has been a member of the Indian Legal Service and has held the post in Grade I of that Service for at least three years;


Question: Under section 34(3)(b), what is stated regarding qualifications for appointment as chairperson, vice-chairperson, or other members?

Answer: has, for at least ten years, held a civil judicial office.


Question: What is laid down in section 34(3)(b)?

Answer: has, for at least ten years, held a civil judicial office.


Context: (4) A person shall not be qualified for appointment as a Technical Member, unless he possesses a Master's Degree in Physics or Bachelor's Degree in Electronics Engineering or Electrical Engineering or Computer Engineering from an University or Institution established under law for the time being in force and has held a post equivalent to the post of Joint Secretary to the Government of India or any higher post for at least five years and possesses at least five years’ experience in the area of semiconductors. (5) Subject to the provisions of sub-section (6), the Chairperson, Vice-Chairperson and every other Member shall be appointed by the President of India. (6) No appointment of a person as the Chairperson shall be made except after consultation with the Chief Justice of India.

Question: What does section 34(5) state?

Answer: Subject to the provisions of sub-section (6), the Chairperson, Vice-Chairperson and every other Member shall be appointed by the President of India.


Question: Under section 34(5), what provision is made?

Answer: Subject to the provisions of sub-section (6), the Chairperson, Vice-Chairperson and every other Member shall be appointed by the President of India.


Question: According to section 34(6), what is specified?

Answer: No appointment of a person as the Chairperson shall be made except after consultation with the Chief Justice of India.


Question: What is laid down in section 34(6)?

Answer: No appointment of a person as the Chairperson shall be made except after consultation with the Chief Justice of India.


Section 53: Appeal.

Context: (1) Any person aggrieved by any decision or order of the Appellate Board under this Act may, within the prescribed period appeal to the High Court within whose the jurisdiction of head office or the branch office of the Semiconductor Integrated Circuits Layout-Design Registry against the decision or order of which the appeal arises is situated. (2) Every such appeal shall be preferred by petition in writing and shall be in such form and shall contain such particulars as may be prescribed. (3) Subject to the provisions of this Act and the rules made thereunder, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall apply to appeals before a High Court under this Act.

Question: What does section 53(2) state?

Answer: Every such appeal shall be preferred by petition in writing and shall be in such form and shall contain such particulars as may be prescribed.


Section 53: Appeal.

Question: Under section 53(2), what provision is made?

Answer: Every such appeal shall be preferred by petition in writing and shall be in such form and shall contain such particulars as may be prescribed.


Section 53: Appeal.

Question: What does section 53(3) state?

Answer: Subject to the provisions of this Act and the rules made thereunder, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall apply to appeals before a High Court under this Act.


Section 53: Appeal.

Question: What is laid down in section 53(3)?

Answer: Subject to the provisions of this Act and the rules made thereunder, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall apply to appeals before a High Court under this Act.


Section 54: Powers of High Courts to make rules.

Context: The High Court may make rules consistent with this Act as to the conduct and procedure of all proceeding under this Act before it.

Question: Under section 54, what is stated about powers of high courts to make rules?

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


Question: What does section 54 state?

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


Question: What is laid down in section 54?

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


Section 59: Penalty for falsification of entries in the register.

Context: If any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

Question: Under section 59, what punishment is provided?

Answer: imprisonment for a term which may extend to two years, or with fine, or with both


Section 78: Preliminary advice by the Registrar.

Context: (1) The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a layout-design, give advice as to whether the layout-design appears to him prima facie to be original. (2) If, on an application for the registration of a layout-design as to which the Registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice, to the applicant of objection on the ground that the layout-design is not original, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.

Question: What does section 78 provide regarding preliminary advice by the registrar?

Answer: The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a layout-design, give advice as to whether the layout-design appears to him prima facie to be original.


Question: Under section 78(1), what is stated regarding preliminary advice by the registrar?

Answer: The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a layout-design, give advice as to whether the layout-design appears to him prima facie to be original.


Question: How does section 78(1) read?

Answer: The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a layout-design, give advice as to whether the layout-design appears to him prima facie to be original.


Section 86: Indexes.

Context: (a) an index of registered layout-designs, (b) an index of layout-designs in respect of which applications for registration are pending. (c) an index of the names of the proprietors of registered layout-designs, and (d) an index of the names of registered users.

Question: What does section 86 provide regarding indexes?

Answer: an index of registered layout-designs,


Section 86: Indexes.

Question: According to section 86(a), what is specified?

Answer: an index of registered layout-designs,


Section 86: Indexes.

Question: Under section 86(a), what provision is made?

Answer: an index of registered layout-designs,


Section 86: Indexes.

Question: What is provided in section 86(b)?

Answer: an index of layout-designs in respect of which applications for registration are pending.


Section 86: Indexes.

Question: How does section 86(b) read?

Answer: an index of layout-designs in respect of which applications for registration are pending.


Section 86: Indexes.

Question: What does section 86(c) state?

Answer: an index of the names of the proprietors of registered layout-designs, and


Section 86: Indexes.

Question: How does section 86(c) read?

Answer: an index of the names of the proprietors of registered layout-designs, and


Section 86: Indexes.

Question: According to section 86(d), what is specified?

Answer: an index of the names of registered users.


Section 86: Indexes.

Question: What is laid down in section 86(d)?

Answer: an index of the names of registered users.


Section 41: Rights of communities

Context: (1) Any person or group of persons (whether actively engaged in farming or not) or any governmental or non-governmental organisation may, on behalf of any village or local community in India, file in any centre notified, with the previous approval of the Central Government, by the Authority, in the Official Gazette, any claim attributable to the contribution of the people of that village or local community, as the case may be, in the evolution of any variety for the purpose of staking a claim on behalf of such village or local community. (2) Where any claim is made under sub-section (1), the centre notified under that sub-section may verify the claim made by such person or group of persons or such governmental or non-governmental organisation in such manner as it deems fit, and if it is satisfied that such village or local community has contributed significantly to the evolution of the variety which has been registered under this Act, it shall report its findings to the Authority.

Question: Who may on behalf of any village or local community in India, file in any centre notified, with the previous approval of the Cen?

Answer: Any person or group of persons (whether actively engaged in farming or not) or any governmental or non-governmental organisation


Section 41: Rights of communities

Context: (3) When the Authority, on a report under sub-section (2) is satisfied, after such inquiry as it may deem fit, that the variety with which the report is related has been registered under the provisions of this Act, it may issue notice in the prescribed manner to the breeder of that variety and after providing opportunity to such breeder to file objection in the prescribed manner and of being heard, it may subject to any limit notified by the Central Government, by order, grant such sum of compensation to be paid to a person or group of persons or governmental or non-governmental organisation which has made claim under sub-section (1), as it may deem fit. (4) Any compensation granted under sub-section (3) shall be deposited by the breeder of the variety in the Gene Fund.

Question: Who may deem fit, that the variety with which the report is related has been registered under the provisions of this Act, it may?

Answer: When the Authority, on a report under sub-section (2) is satisfied, after such inquiry as it


Section 41: Rights of communities

Question: What shall Any compensation granted under sub-section (3) do under this section?

Answer: be deposited by the breeder of the variety in the Gene Fund


Section 41: Rights of communities

Context: (5) The compensation granted under sub-section (3) shall be deemed to be an arrear of land revenue and shall be recoverable by the Authority accordingly.

Question: What shall The compensation granted under sub-section (3) do under this section?

Answer: be deemed to be an arrear of land revenue and shall be recoverable by the Authority accordingly


Section 41: Rights of communities

Question: According to Section 41, what is provided regarding rights of communities?

Answer: (4) Any compensation granted under sub-section (3) shall be deposited by the breeder of the variety in the Gene Fund


Section 41: Rights of communities

Question: What does Section 41 state about rights of communities?

Answer: (5) The compensation granted under sub-section (3) shall be deemed to be an arrear of land revenue and shall be recoverable by the Authority accordingly


Section 57: Orders of High Court

Context: (1) The High Court may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. (2) The High Court may, at any time within thirty days from the date of the order, with a view to rectifying the mistake apparent from the record, amend any order passed by it under sub-section (1), and make such amendment if the mistake is brought to its notice by the appellant or the opposite party.

Question: Who may after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit?

Answer: The High Court


Section 57: Orders of High Court

Question: What may The High Court do under this section?

Answer: after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit


Section 57: Orders of High Court

Question: Who may at any time within thirty days from the date of the order, with a view to rectifying the mistake apparent from the recor?

Answer: The High Court


Section 57: Orders of High Court

Context: (3) In every appeal, the High Court may, where it is possible, hear and decide such appeal within a period of one year from the date of filing of the appeal. (4) The High Court shall send a copy of any order passed under this section to the Registrar.

Question: Who may where it is possible, hear and decide such appeal within a period of one year from the date of filing of the appeal?

Answer: In every appeal, the High Court


Section 57: Orders of High Court

Question: What may In every appeal, the High Court do under this section?

Answer: where it is possible, hear and decide such appeal within a period of one year from the date of filing of the appeal


Section 57: Orders of High Court

Question: Who shall send a copy of any order passed under this section to the Registrar?

Answer: The High Court


Section 57: Orders of High Court

Question: What shall The High Court do under this section?

Answer: send a copy of any order passed under this section to the Registrar


Section 57: Orders of High Court

Question: What does Section 57 state about orders of high court?

Answer: (1) The High Court may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit


Section 57: Orders of High Court

Question: According to Section 57, what is provided regarding orders of high court?

Answer: (2) The High Court may, at any time within thirty days from the date of the order, with a view to rectifying the mistake apparent from the record, amend any order passed by it under sub-section (1), and make such amendment if the mistake is brought to its notice by the appellant or the opposite party


Section 61: Authority Fund

Context: (1) There shall be constituted a fund to be called the Protection of Plant Varieties Authority Account and there shall be credited thereto— (a) all grants and loans made to the Authority by the Central Government under section 60; (b) all fees received by the Authority and the Registrars except the annual fee determined on the basis of benefit or royalty under sub-section (1) of section 35; (c) all sums received by the Authority from such other sources as may be decided upon by the Central Government. (2) The Protection of Plant Varieties Authority Account shall be applied for meeting— (a) the salaries, allowances and other remuneration of the Chairperson, officers and other employees of the Authority and allowances, if any, payable to the members; (b) the other expenses of the Authority in connection with the discharge of its functions and for purposes of this Act.

Question: Under Section 61, what shall be credited under this provision?

Answer: all grants and loans made to the Authority by the Central Government under section 60


Section 61: Authority Fund

Question: Under Section 61, what shall be credited under this provision?

Answer: all fees received by the Authority and the Registrars except the annual fee determined on the basis of benefit or royalty under sub-section (1) of section 35


Section 61: Authority Fund

Question: Under Section 61, what shall be credited under this provision?

Answer: all sums received by the Authority from such other sources as may be decided upon by the Central Government


Section 61: Authority Fund

Question: Under Section 61, for what may the fund be applied?

Answer: the salaries, allowances and other remuneration of the Chairperson, officers and other employees of the Authority and allowances, if any, payable to the members


Section 61: Authority Fund

Question: Under Section 61, for what may the fund be applied?

Answer: the other expenses of the Authority in connection with the discharge of its functions and for purposes of this Act


Section 61: Authority Fund

Question: What shall There do under this section?

Answer: be constituted a fund to be called the Protection of Plant Varieties Authority Account and there shall be credited thereto— (a) all grants and loans made to the Authority by the Central Government under section 60


Section 61: Authority Fund

Question: What may all sums received by the Authority from such other sources as do under this section?

Answer: be decided upon by the Central Government


Section 61: Authority Fund

Question: What shall The Protection of Plant Varieties Authority Account do under this section?

Answer: be applied for meeting— (a) the salaries, allowances and other remuneration of the Chairperson, officers and other employees of the Authority and allowances, if any, payable to the members


Section 61: Authority Fund

Question: What shall be constituted under Section 61?

Answer: a fund to be called the Protection of Plant Varieties Authority Account and there shall be credited thereto— (a) all grants and loans made to the Authority by the Central Government under section 60


Section 61: Authority Fund

Question: What does Section 61 state about authority fund?

Answer: (1) There shall be constituted a fund to be called the Protection of Plant Varieties Authority Account and there shall be credited thereto— (a) all grants and loans made to the Authority by the Central Government under section 60


Section 61: Authority Fund

Question: According to Section 61, what is provided regarding authority fund?

Answer: (b) all fees received by the Authority and the Registrars except the annual fee determined on the basis of benefit or royalty under sub-section (1) of section 35


Section 69: Meaning of falsely applying denomination of a registered variety

Context: (1) A person shall be deemed to falsely apply the denomination of a variety registered under this Act who, without the assent of the breeder of such variety,— (a) applies such denomination or a deceptively similar denomination to any variety or any package containing such variety; (b) uses any package bearing a denomination which is identical with or deceptively similar to the denomination of such variety registered under this Act, for the purpose of packing, filling or wrapping therein any variety other than such variety registered under this Act. (2) Any denomination of a variety registered under this Act falsely applied as mentioned in sub-section (1), is in this Act referred to as false denomination.

Question: What shall A person do under this section?

Answer: be deemed to falsely apply the denomination of a variety registered under this Act who, without the assent of the breeder of such variety,— (a) applies such denomination or a deceptively similar denomination to any variety or any package containing such variety


Question: What does Section 69 state about meaning of falsely applying denomination of a registered variety?

Answer: (1) A person shall be deemed to falsely apply the denomination of a variety registered under this Act who, without the assent of the breeder of such variety,— (a) applies such denomination or a deceptively similar denomination to any variety or any package containing such variety


Question: According to Section 69, what is provided regarding meaning of falsely applying denomination of a registered variety?

Answer: (b) uses any package bearing a denomination which is identical with or deceptively similar to the denomination of such variety registered under this Act, for the purpose of packing, filling or wrapping therein any variety other than such variety registered under this Act


Question: Under Section 69, what is one provision mentioned regarding meaning of falsely applying denomination of a registered variety?

Answer: applies such denomination or a deceptively similar denomination to any variety or any package containing such variety


Section 72: Penalty for falsely representing a variety as registered

Context: Whoever makes any representation with respect to the denomination of a variety or its propagating material or essentially derived variety or its propagating material not being variety or its propagating material or essentially derived variety or its propagating material registered under this Act, to the effect that it is a variety or its propagating material or essentially derived variety or its propagating material registered under this Act or otherwise represents any variety, or its propagating material, or essentially derived variety or its propagating material not registered under this Act to the effect that it is registered under this Act shall be punishable with imprisonment for a term, which shall not be less than six months but which may extend to three years, or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both.

Question: What is the punishment for falsely representing a variety as registered?

Answer: imprisonment for a term, which shall not be less than six months but which may extend to three years, or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both


Section 75: Exemption of certain persons employed in ordinary course of business

Context: Where a person accused of an offence under this Act proves that in the ordinary course of his employment, he has acted without any intention to commit the offence and having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the act so charged as an offence and on demand made by or on behalf of the prosecutor, he gave all the information in his possession with respect to the persons on whose behalf the offence was committed, he shall be acquitted.

Question: Who shall be acquitted under Section 75?

Answer: a person accused of an offence under this Act


Section 81: Right of registered agent and the registered licensee to institute suit

Context: The registered agent or the registered licensee of a variety or its propagating material or essentially derived variety or its propagating material registered under this Act may institute appropriate proceedings in the court under this Act on behalf of the breeder of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, if such agent or licensee has been authorised in the prescribed manner by such breeder for doing so.

Question: Who may institute appropriate proceedings in the court under this Act on behalf of the breeder?

Answer: The registered agent or the registered licensee of a variety or its propagating material or essentially derived variety or its propagating material registered under this Act


Section 92: Act to have overriding effect

Context: The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Question: Who shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in?

Answer: The provisions of this Act


Question: What shall The provisions of this Act do under this section?

Answer: have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act


Question: What shall the provisions of this Act have effect notwithstanding?

Answer: anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act


Question: What does Section 92 state about act to have overriding effect?

Answer: The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act


Section 96: Power of Central Government to make rules

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

Question: Who may by notification in the Official Gazette, make rules to carry out the provisions of this Act?

Answer: The Central Government


Question: What may The Central Government do under this section?

Answer: by notification in the Official Gazette, make rules to carry out the provisions of this Act