Geographical Indications of Goods (Holding Inquiry and appeal) Rules, 2024.
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....ry and Internal Trade) number G.S.R 06(E) dated the 3rd January 2024, in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) inviting objections and suggestions from all person likely to be affected thereby before the expiry of a period of thirty days from the date on which copies of the Official Gazette containing the said notification were made available to public; AND WHEREAS copies of the Official Gazette in which the said notification was published were made available to the public on the 2nd January, 2024 and subsequently on 1st of July, 2024 for seeking public comments; AND WHEREAS the objections and suggestions were received from the public in respect of the said draft rules have been considered by the Cen....
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....2 of the Act. 4. Holding of Inquiry. - (1) For the purpose of adjudication under section 37A of the Act whether any person has committed any contravention as specified in that section, the adjudicating officer shall, issue a notice through electronic means to such person requiring him to show cause within such period as may be specified in the notice (being not less than seven days from the date of service thereof) why an inquiry should not be held against him. (2) Every notice under sub-rule (1) shall indicate the nature of contravention alleged to have been committed. (3) After considering the cause, if any, shown by such person, the adjudicating officer is of the opinion that an inquiry should be held, he shall issue a not....
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....dicating officer, the adjudicating officer is satisfied that the person has committed the contravention, he may, by order in writing, impose such penalty under the Act as he considers reasonable. (9) Every order made under sub-rule (8) shall specify the provision of the Act in respect of which contravention has been committed and shall contain the reasons for imposing the penalty. (10) Every order made under sub-rule (8) shall be dated and signed by the adjudicating officer. (11) A copy of the order made under this rule and all other copies of proceedings shall be supplied free of cost to the person against whom the order is made. (12) The adjudicating officer shall complete the proceeding within three months from the issu....
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....very order under these rules, shall be dated, digitally signed, communicated to all the parties, and also uploaded on the official website of Intellectual Property India. (2) All sums realised by way of penalties under these rules shall be credited to the Consolidated Fund of India. FIRST SCHEDULE FORMS FORM-I THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 Complaint for contravention or default [See rule 3] To, The Registrar of Geographical Indications, The Geographical Indications Office, At..................... 1. Particular of Complainant: - Particular of Defendant: - a. Name: a. Name: b. Address for service: b. Address for ....
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....ch the counter statement is made are as follows: - .................................................................. .................................................................. b. Address: c. Nationality: 2. Complete address including postal index number/code and state along with telephone and fax number(s). To be signed by the opposite party 3. Signature: 4. Name of the natural person who has signed: Note. - Strike out whichever is not applicable. FORM-III THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 Appeal [See rule 5] To, The Registrar of Geographical Indications, The....
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