CHAPTER - 6
OPPOSITION
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06.01 |
After advertisement of a Geographical Indication in the Geographical
Indications Journal, any person may within three months oppose the
registration of an application for GI. This period may be extended by a
period, not exceeding one month, by making an application to the Registrar
along with the prescribed fee. Such an application for extension shall be
filed before the expiry of the period of three months. The Notice of Opposition shall be filed only before the Registrar of
Geographical Indications at Chennai. |
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06.01.01 |
Section
14 provides that any person may give a Notice of Opposition to the
registration of a Geographical Indications. In
an opposition proceeding, it is more important to consider the matter from
the point of view of the public than from the point of view of two parties to
the proceedings and, therefore, merits or demerits of the opponent are
irrelevant The Tribunal will take cognizance of any facts that would render
registration improper. |
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06.01.02 |
Essential requirements for filing
of Notice of Opposition 1.
The Notice of Opposition should
be on the FORM GI-2 (A) in triplicate, accompanied by fee of Rupees 1000/-
per class. 2. The notice shall include a statement of the grounds
upon which the opponents objects to the registration of the geographical
indication. 3. A copy of notice of opposition shall be ordinarily
served by the Registrar to the applicants within two months from the receipt
of the same. |
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06.01.03 |
Verification of Notice of Opposition 1. The notice of opposition shall be verified by the
opponent. 2.
The person verifying shall state
specifically by reference to the numbered paragraphs of the notice of
opposition, what he verifies of his own knowledge and what he verifies upon
information received and believed to be true. 3.
The verification shall be signed
by the person making it and shall state the date on which and the place at
which it was signed. |
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06.02 |
1.
The counter-statement should be on the Form
GI-2 (B) in triplicate, accompanied by fee of Rupees 1000/-. 2.
It should be made within two months from the
receipt by the applicant of the copy of the notice of opposition from the
Registrar. 3.
Counter Statement shall set out what facts,
if any, alleged in the notice of opposition, are admitted by the applicant. 4.
The counterstatement shall be verified in
the same manner as the notice of opposition. 5.
A copy of the counter-statement shall be
served by the Registrar on the person giving notice of opposition ordinarily
within two month from the date of receipt of the same. |
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06.03 |
Evidence in support of Opposition by the Opponents 1.
The Evidence shall be filed by the Opponent before
the expiry of the two months period, from the date of receipt of the copy of
counterstatement. The Opponent can also file request for One month of
Extension of time on Form GI 9 (C) with Fee of Rupees 300/- for filing
the evidence. 2.
The Opponent can file such
evidence by way of affidavit in support of opposition or intimate the
Registrar and the applicant in writing that he does not desire to adduce
evidence, but intents to rely on the facts stated in the notice of the
opposition. 3.
The opponent shall deliver to the
applicant copies of any evidence in support of opposition filed by him, under
intimation to the Registrar. 4.
If the opponent fails to take
action as mentioned above, the opponent will be deemed to have abandoned his
opposition. |
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06.04 |
Evidence in support of Application by the
Applicant 1.
The Evidence shall be filed by the Applicant before
the expiry of the two months period, from the date of receipt of the
Evidence. The Applicant can also file request for One month of Extension of
time on Form GI 9 (C) with Fee of Rupees 300/- for filing the evidence. 2.
The Applicant can file such
evidence by way of affidavit in support of Application or intimate the
Registrar and the applicant in writing that he does not desire to adduce
evidence, but intents to rely on the facts stated in the Counter Statement or
on the evidence already filed in connection with the Application. In that
case the Applicant shall deliver the copies thereof to the opponent. |
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06.05 |
1.
The Evidence shall be filed by the Opponent within one month from the
receipt of the copies of the applicant's affidavit and shall deliver the
copies of the same to the Applicant. This evidence shall be confined to
matters strictly in reply. 2.
The Opponent can also file
request for One month of Extension of time on Form GI 9 (C) with Fee of
Rupees 300/- for filing evidence. |
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06.06 |
1. No further evidence shall be left on either side,
but in any proceedings before the Registrar. 2. However, if the Registrar thinks fit, he can give
leave to either the applicant or the opponent to leave any evidence upon such
terms as to costs or otherwise as he may think fit. |
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06.07 |
Where there are exhibits
to affidavits filed in an Opposition, a copy of the exhibit or impression of
each exhibit shall be sent to the other party on his request and at his
expense, or, if such copies or impression cannot conveniently be furnished,
the original shall be left at the Registry in order that they may be open to
inspection. The original exhibits shall be produced at the hearing unless the
Registrar otherwise directs. |
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06.08 |
Where a document in a
language other than Hindi or English is referred to in any proceedings before
the Registrar, counter-statement or an affidavit filed in an opposition, an
attested translation thereof in English or Hindi shall be furnished in
duplicate. |
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06.09 |
The Registrar shall give
notice within three months, upon
completion of the evidence, to the parties of a date when he will hear the
arguments in the case. 1. The date of hearing shall be for a date at least one month after the date of the first notice. When the parties consent for
a shorter notice that can also be allowed by the Registrar. 2. Within fourteen days from the receipt of the first Hearing notice, any party who intends to
appear shall notify the Registrar in writing. 3. Any party who does not notify the Registrar within
the time last aforesaid shall be treated as not desiring to be heard and the
Registrar shall proceed ex-parte in the matter. 4. If sufficient cause is shown, not more than two
requests for adjournment for one month each by either parties
can be allowed. The request for adjournment for One
month by either parties can be filed on Form GI
9 (C) with Fee of Rupees 300/- accompanied with the grounds for such request. 5. If the
applicant is not present at the adjourned date of hearing and has not
notified his intention to appear at the hearing, the Registrar may treat the
application as dismissed. 6. If the opponent is not present at the adjourned date
of hearing and has not notified his intention to appear at the hearing, the
Registrar may treat the Opposition as dismissed for want of prosecution and
the application may proceed to registration. 7. In every case of adjournment the Registrar shall fix a day for further hearing of the
case and shall make such order as to cost occasioned by the adjournment or
such higher costs as the Registrar deems fit. 8. The fact that the Agent or Advocate on record of a
party is engaged in another court, shall not be a
ground for adjournment. 9. Where illness of an advocate on record or agent or
his inability to conduct the case for any reason is put forward as a ground
for adjournment, the Tribunal shall not grant the adjournment unless it is
satisfied that the advocate on record
or agent, as the case may be, could not have engaged another agent or
advocate in time. 10. The Registrar shall take on record written arguments
if submitted by a party to the proceeding. 11. The Registrar shall have powers to limit time for
oral arguments. 12. The decision of the Registrar shall be notified to
the parties in writing. |
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06.10 |
Where
an applicant or opponent does not reside or carry on business in India. Section 14(6) empowers the Registrar to
require such party to give security for costs of the proceedings. Full discretion is given to the Registrar
to determine the scale of costs. |