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Indication Shall: Gustrationa

1. This document discusses provisions around the registration of geographical indications from the PRs Section V of some act. 2. It allows any person claiming to be a producer of goods associated with a registered geographical indication to apply in writing to the Registrar to register as an authorized user of that indication. 3. The initial registration of a geographical indication and an authorized user is valid for 10 years and can be renewed for subsequent 10 year periods by paying the prescribed fee before expiration. Failure to renew on time will lead to removal from the register.

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MAYANK GUPTA
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84 views1 page

Indication Shall: Gustrationa

1. This document discusses provisions around the registration of geographical indications from the PRs Section V of some act. 2. It allows any person claiming to be a producer of goods associated with a registered geographical indication to apply in writing to the Registrar to register as an authorized user of that indication. 3. The initial registration of a geographical indication and an authorized user is valid for 10 years and can be renewed for subsequent 10 year periods by paying the prescribed fee before expiration. Failure to renew on time will lead to removal from the register.

Uploaded by

MAYANK GUPTA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

NATIONA REGIME OF

PRs Section V-Geographical Indications


273

A u t h o r i z e d ser

producer of the goods in respect of


as

ation
claiming
to be the
indication has been
paration
Anyperson
registered under
as the of which
which a g e o g r a p h i c a l 1 i

may
apply in writing to the Registrar in the
case 16 anner for egistering him as an authoriz user of
may Section

indication shall
prescribed hical indication.
c h g e o g r a p h i o

all be accompani by a statement and such


The application

ntry or documents o f facts


of facts
as may be prescribed and required by the
nate region or
or are
s
determine as
to ether such person is the producer
being to
R e g i s t r a r

referred to and such fee as may be prescribed.


the geographical goods
the
words or Renewal, Removal and Restoration of
Duratioon,

oroducers of the agistra


tion

ocistration of geographical indication and the validity of


a

ns
registered
as
with The initial

of an
user shall be for ten years. But both the
authorized

may be renewed for a next term of ten years and this term can
be
t i m e to
ime
tin provided the application for renewal with
textend ded from re
before the expiration of term. However, if the renewal
fee is m a d e
strable cribed prescribed period of time the geographical indication or
cted within
authorized user, as the case may be, is liable to be removed
At the p r e s c r i b e d time before the expiration of the last
name

ause confusion; the Register."


n
a geographical dication, the Registrar shall send notice to
gstration of r e l a t e d to the payment of fees etc.
the time being
registered proprietor
indication or authorised u s e r has
been removed
Where a geographical
e matter; or of fees, the Registrar shall after six
the register for non-paynment
to hurt the umths and within one year, restore the geographical indication and renew
the citizens of registration, either with or without such conditions as he thinks fit to
use, for a period of ten years from the expiration of the last registration.
in a Court; or
. Effect of
tions of goods Registration
their country egistration confers right to institute legal proceedings against
country; or ringement. In case of unregistered geographical indications right to
ry, region or egal proceedings and recover damages is not available." However,
present to the
Eathe Ction
uther person against any person for passing off goods as goods ot
geographical is ressly saved in the Act.
all legal proceedings relating to a geographical indication the
rulficate of
ks and Anr,' dence of the egistration
va
granted by the Registrar shall be prima facie
iblea s t y of the geographical indication concerned, and shall
witadmissible
o wanted to
that famous
out furthe as an evidence
in all courts as well a s the Appellate Board
bnce the proof or production of the
ne Regist original.
y hamper or

are'.
as also made
gustrationa Registrar
lstrar
rectify
any addition or the
has wide powers,
powers, so he can cancel or vary
so
of geographical indications. He may
register of He
a
also
may also ations.
geograpn
which does
aiteration in the geographical indication whieh doe dieation
1. Sec. 17.

Sec. 18.
3. Sec. 20(1).

A.Sec. 20(2)

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