Preface
CHAPTERS
1.
Introduction
Evolution of GI
· Concept of Geographical Indication
· The Geographical Indications of Goods (Registration & Protection) Act, 1999
2.
Key Definitions
02.01
General
02.02
Definitions
02.02.01
Registrar
02.02.02
Goods
02.02.03
Indication
02.02.04
Producer
02.02.05
Registered Proprietor
02.02.06
Authorised User
02.02.07
Geographical Indication
02.02.08
Tribunal
02.02.09
Convention Application
02.02.10
Divisional Application
02.02.11
Graphical Representation
02.02.12
Appellate Board
3.
Filing of Geographical Indications Applications
03.01
The Applicant
03.02
Jurisdiction
03.03
Type of Applications
03.04
Receiving of Documents in GI Registry
03.05
Size, Language & Signing of Documents
03.06
Fees
03.07
Filing of a Geographical Indications Applications
03.08
Contents of Application
03.08.01 Statement of case
03.08.02 Homonymous Geographical Indications
4.
Examination
04.01
Preliminary Examination
04.02
Deficiencies
04.03
Examination of Application
04.04
Corrections and Amendment of Application
04.05
Acceptance
04.06
Advertisement in GI Journal
5.
Prohibited Geographical Indications
05.01
Prohibition of registration of certain Geographical Indications
05.01.01
The use of which would be likely to deceive or cause confusion
05.01.02
The use of which would be contrary to any law for the time being in force.
05.01.03
Which comprises or contains scandalous or obscene matter
05.01.04
Which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India
05.01.05
Which would otherwise be disentitled to protection in a court
05.01.06
Which are determined to generic names.
05.01.07
Which, although literally true as the territory, region or locality…..
6.
Opposition
06.01
06.01.01
Who may oppose
06.01.02
Essential requirements for filing of Notice of Opposition
06.01.03
Verification of Notice of Opposition
06.02
Counter-statement
06.03
Evidence in support of Opposition by the Opponents
06.04
Evidence in support of Application by the Applicant
06.05
Evidence in reply by Opponent
06.06
Further Evidence
06.07
Exhibits
06.08
Translation of Documents
06.09
Hearing and decision
06.10
Security for Costs
7.
Registration
07.01
07.02
Entry in the Register of Part A
07.03
Certificate of Registration
8.
Authorised User Registration
08.01
08.02
GI Authorised User Application
08.03
Entry in the Register
9.
Rectification
09.01
09.02
Intervention by third parties
09.03
Rectification of the Register by the Registrar of his own
10.
Appeals
11.
Enforcement of Geographical Indications
11.01
Offences
11.02
The acts deemed as Offences
11.03
Cognizance of Certain offences – Search & Seizure
11.04
Offences by Companies
12.
Renewal of Registration and Restoration
12.01
Renewal of Registration
13.
General Services
13.01
Certificate for Legal use
13.02
Certificate for use in Obtaining Registration Abroad
13.03
Inspection of Documents
13.04
Certified copies of Documents
14.
Miscellaneous Provisions
14.01
Affidavits
14.02
14.03
Procedure for Giving Notice of Non-Completion of Registration
14.04
Power of Registrar
14.05
Awards of Costs
14.06
Review
14.07
GI Agent
15.
Timelines
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Fifth Schedule
Model GI Application