CHAPTER - 9
RECTIFICATION
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09.01 |
Rectification
Application to rectify or remove a Geographical
Indication from the register
An application can be made
to the Registrar for cancelling, expunging or varying of any entry relating to
a geographical indication or of the Statement of Case referred to under rule
32(1). It shall be made in
triplicate on Form GI-6 or Form GI-5, as
the case may be in respect of what is recorded in the Register of
Geographical Indication or an authorised user in the register. It shall be accompanied by
a statement in triplicate setting out fully the nature of the applicant's
interest, the facts upon which he bases his case and the relief which he
seeks. 1.
The Registrar shall serve a copy of the Application and Statement of
Case within two months to the Registered Proprietor or to any other person
who appears from the Register to have an interest in the Geographical
Indications. 2.
A counterstatement would be forwarded within two months or within such
further period not exceeding two months in the aggregate from the receipt by
a registered proprietor of the copy of the application from the Registrar. 3.
It shall be send to the Registrar and to the person making the
application on Form GI-2. 4.
It shall be served in triplicate of the grounds on which the
application is contested. 5.
The Registrar shall serve a copy of the counterstatement on the person
making the application within one month of the receipt of the same. 6.
The provisions of Rules 44 to 51 shall thereafter apply mutatis mutandis to the further
proceedings on the application. 7.
The Registrar shall not, however, rectify the register or remove the
geographical indication or any authorised user from the register
merely because the registered proprietor or the authorised user has not filed a counterstatement unless he
is satisfied that the delay in filing the counterstatement is wilful and is
not justified by the circumstance of the case. |
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09.02 |
Intervention
by third parties
1.
Any person alleging interest in a registered geographical indication
in respect of which an application is made may apply on Form GI-6 for leave to intervene, stating the nature of his
interest. 2.
The Registrar may refuse or grant such leave after hearing. |
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09.03 |
Rectification of the register by the Registrar
of his own motion
1.
The notice, which the Registrar is required be given shall be sent in
writing to the registered proprietor and to any other person who appears from
the register to have any interest. 2.
It shall state the grounds on which the Registrar proposes to rectify
the register and shall also specify the time, not being less than one month
from the date of such notice, within which an application for a hearing shall
be made. 3.
Any person so notified fails to send to the Registrar within the
specified time a statement in writing, he may be treated as not desiring and
the Registrar may act accordingly. 4.
If the Registrar decides to rectify the register he shall communicate
his decision in writing to all concerned. |
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