The Geographical Indications of Goods (Registration and Protection) Act, 1999

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

(1) In this Act, unless the context otherwise requires,-- 1***** (b) authorised user means the authorised user of a geographical indication registered undersection 17; (c) deceptively similar A geographical indication shall be deemed to be deceptively similar toanother geographical indication if it so nearly resembles that other geographical indication as to belikely to deceive or cause confusion; (d) district court has the meaning assigned to it in the Code of Civil Procedure,1908 (5 of 1908); (e) geographical indication, in relation to goods, means an indication which identifies suchgoods as agricultural goods, natural goods or manufactured goods as originating, or manufactured inthe territory of a country, or a region or locality in that territory, where a given quality, reputation orother characteristic of such goods is essentially attributable to its geographical origin and in casewhere such goods are manufactured goods one of the activities of either the production or ofprocessing or preparation of the goods concerned takes place in such territory, region or locality, asthe case may be. Explanation.--For the purposes of this clause, any name which is not the name of a country,region or locality of that country shall also be considered as the geographical indication if it relates toa specific geographical area and is used upon or in relation to particular goods originating from thatcountry, region or locality, as the case may be; (f) goods means any agricultural, natural or manufactured goods or any goods of handicraft orof industry and includes food stuff; (g) indication includes any name, geographical or figurative representation or any combinationof them conveying or suggesting the geographical origin of goods to which it applies; (h) name includes any abbreviation of a name; (i) package includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle,wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork; (j) prescribed means prescribed by rules made under this Act; (k) producer, in relation to goods, means any person who,-- (i) if such goods are agricultural goods, produces the goods and includes the person whoprocesses or packages such goods; (ii) if such goods are natural goods, exploits the goods; (iii) if such goods are handicraft or industrial goods, makes or manufactures the goods, and includes any person who trades or deals in such production, exploitation, making or manufacturing, asthe case may be, of the goods; (l) register means the Register of Geographical Indications referred to in section 6; (m) registered (with its grammatical variations) means registered under this Act; (n) registered proprietor, in relation to a geographical indication, means any association ofpersons or of producers or any organisation for the time being entered in the register as proprietor ofthe geographical indication; (o) Registrar means the Registrar of Geographical Indications referred to in section 3; 2***** (2) Words and expressions used and not defined in this Act but defined in the Trade Marks Act, 1999(47 of 1999) shall have the meanings respectively assigned to them in that Act. (3) In this Act, unless the context otherwise requires, any reference-- (a) to the use of a geographical indication shall be construed as a reference to the use of a printedor other visual representation of the geographical indication; (b) to the use of a geographical indication in relation to goods shall be construed as a reference tothe use of the geographical indication upon, or in any physical or in any other relation whatsoever, tosuch goods; (c) to a registered geographical indication shall be construed as including a reference to ageographical indication registered in the register; (d) to the Registrar shall be construed as including a reference to any officer when discharging thefunctions of the Registrar in pursuance of sub-section (2) of section 3; (e) to the Geographical Indications Registry shall be construed as including a reference to anyoffice of the Geographical Indications Registry.

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

Without prejudice to the generality ofthe provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to berecorded therein, withdraw any matter pending before an officer appointed under the said sub-section (2)and deal with such matter himself either 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.

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