CHAPTER - 11
ENFORCEMENT OF
GEOGRAPHICAL INDICATIONS
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11.01 |
The Act details certain acts as
offences punishable by imprisonment or with fine or with both. The
legislature has taken a strong view of infringement, piracy, falsification, misrepresentation
and has now made them penal offences. The chapter apart from listing
penalties for the above-mentioned offences also details the penalty and
procedure of prosecution. |
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11.02 |
The
following are the acts deemed as
offences:- § In
the context of offences what constitutes the meaning of ‘applying
geographical indication’ has been dealt with in Section 37 and the expression
geographical indication has been defined in Section 2 (1) (e). § Section
38 list two kinds of offences namely:- (a)
falsifying a GI and (b)
falsely applying a GI. § The
penalty for falsification of GIs and the circumstances in which a person
applies false GI are enumerated in Section 39. § Selling
goods to which false GI is applied as outlined in Section 40. § Enhanced
Penalty for subsequent convictions for the offences of falsifying,
falsification of GIs or selling goods with false GIs. § Falsely
representing a GI as registered as listed in Section 42. Misrepresenting the
GI as Registered, which has not been actually registered is an Offence. § Improperly
describing a place of business as connected with the GIs Registry as listed
in Section 43. § Falsification
of entries in the Register as listed in Section 44. § No
offence in certain cases § Forfeiture
of Goods § Exemption
of certain persons employed in ordinary course of business § Procedure
where invalidity of registration is pleaded by the accused |
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11.03 |
Cognizance
of certain offences –
Search & Seizure: § Section
50 (2) clearly lays down that no court inferior to that of a Metropolitan
Magistrate or judicial Magistrate of first class shall try an offence under
this Act. § Subsection
(3) lays down that the above stated offences under Sections 39, 40 and 41
shall be cognizable. § Sub
section (4) enacts that a police officer not below the rank of Deputy
Superintendent of Police or equivalent, if he is satisfied that a cognizable
offence has been committed or is likely to be committed, may search and
seize- without warrant- the goods, die, block, machine, parts, plates, or
other instruments or things involved in the commission of the offence, and
whenever found shall be produced before the magistrate at the earliest. However,
the proviso to sub section (4) clearly mandates that the police officer
before making any search and seizure shall obtain the opinion of the
Registrar on the facts involved in the offence relating to the GI and shall
abide by the opinion of the Registrar. In
Addition to the above, the Registered Proprietor or Authorised User can
obtain relief in respect of infringement of the Geographical Indications in
the manner provided by this Act. |
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11.04 |
When
an Offence is committed by a Company, the Company as well as person
responsible in the company for conducting the business of the Company shall
be liable. |