TaxTMI 
TaxTMI 
EXTRACTS FROM THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 (48 OF 1999)
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....ster for failure to pay fee for renewal. 19. Where a geographical indication has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another geographical indication during one year, 11 next after the date of removal, be deemed to be a geographical indication already on the register, unless the tribunal is satisfied either- (a) that there has been no bona fide trade use of the geographical indication which has been removed within the two years immediately preceding its removal; or (b) that no deception or confusion would be likely to arise from the use of the geographical indication which is the subject of the application for registratio....
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....ying the entry as it may think fit. (3) The tribunal may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register. (4) The tribunal, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1) or sub-section (2). (5) Any order of the Appellate Board rectifying the register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly. * * * * * CHAPTER VII APPEALS TO THE APPELLATE BOARD Appeals....
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....999. Procedure for application for rectification, etc., before Appellate Board. 34. (1) An application for rectification of the register made to the Appellate Board under section 27 shall be in such form as may be prescribed. (2) A certified copy of every order or judgment of the Appellate Board relating to a registered geographical indication under this Act shall be communicated to the Registrar by the Appellate Board and the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order. Procedure for application for rectification, etc., before Appellate Board. 35. (1) The Registrar shall have the right to appear and be heard- (a) in an....
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.... costs of any of the parties. * * * * * Procedure where invalidity of registration is pleaded by the accused. 48. (1) Where the offence charged under section 39 or section 40 or section 41 is in relation to a registered geographical indication and the accused pleads that the registration of the geographical indication is invalid, the following procedure shall be followed:- (a) if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the Appellate Board under this Act, for the rectification of the register on the ground that the re....
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....aintiff is invalid, the court trying the suit (hereinafter referred to as the court), shall,- (a) if any proceedings for rectification of the register to the geographical indication relating to plaintiff or defendant are pending before the Registrar or the Appellate Board, stay the suit pending the final disposal of such proceedings; (b) if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the geographical indication relating to plaintiff or defendant is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the Appellate Boar....
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....eased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest. * * * * * Certificate of validity. 72. If in any legal proceedings for rectification of the register before the Appellate Board a decision is on contest given in favour of the registered proprietor or, as the case may be, authorised user of the geographical indication on the issue as to the validity of the registration of the geographical indication or the authorised user, the Appellate Board may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor or the au....