11. Application for registration.—(1) Any association of persons or producers or any organisation
or authority established by or under any law for the time being in force representing the interest of the
producers of the concerned goods, who are desirous of registering a geographical indication in relation to
such goods shall apply in writing to the Registrar in such form and in such manner and accompanied by
such fees as may be prescribed for the registration of the geographical indication.
(2) The application under sub-section (1) shall contain—
(a) a statement as to how the geographical indication serves to designate the goods as originating
from the concerned territory of the country or region or locality in the country, as the case may be, in
respect of specific quality, reputation or other characteristics of which are due exclusively or
essentially to the geographical environment, with its inherent natural and human factors, and the
production, processing or preparation of which takes place in such territory, region or locality, as the
case may be;
(b) the class of goods to which the geographical indication shall apply;
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(c) the geographical map of the territory of the country or region or locality in the country in
which the goods orginate or are being manufactured;
(d) the particulars regarding the appearance of the geographical indication as to whether it is
comprised of the words or figurative elements or both;
(e) a statement containing such particulars of the producers of the concerned goods, if any,
proposed to be initially registered with the registration of the geographical indication as may be
prescribed; and
(f) such other particulars as may be prescribed.
(3) A single application may be made for registration of a geographical indication for different classes
of goods and fee payable therefor shall be in respect of each such class of goods.
(4) Every application under sub-section (1) shall be filed in the office of the Geographical Indications
Registry within whose territorial limits, the territory of the country or the region or locality in the country
to which the geographical indication relates is situated:
Provided that where such territory, region or locality, as the case may be, is not situated in India, the
application shall be filed in the office of the Geographical Indications Registry within whose territorial
limits the place mentioned in the address for services in India as disclosed in the application, is situated.
(5) Every applications under sub-section (1) shall be examined by the Registrar in such manner as
may be prescribed.
(6) Subject to the provisions of this Act, the Registrar may refuse the application or may accept it
absolutely or subject to such amendments, modification, conditions or limitations, if any, as he thinks fit.
(7) In the case of refusal or conditional acceptance of application, the Registrar shall record in writing
the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his
decision.
12. Withdrawal of acceptance.—Where, after the acceptance of an application for registration of a
geographical indication but before its registration, the Registrar is satisfied,—
(a) that the application has been accepted in error, or
(b) that in the circumstances of the case the geographical indication should not be registered or
should be registered subject to conditions or limitations or to conditions additional to or different from
the conditions or limitations subject to which the application has been accepted,
the Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if
the application had not been accepted.
13. Advertisement of application.—(1) When an application for registration of a geographical
indication has been accepted, whether absolutely or subject to conditions or limitations, the Registrar
shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or
limitations, if any, subject to which it has been accepted, to be advertised in such manner as may be
prescribed.
(2) Where after advertisement of an application—
(a) an error in the application has been corrected; or
(b) the application has been permitted to be amended under section 15,
the Registrar may, in his discretion cause the application to be advertised again or instead of causing the
application to be advertised again, notify in the prescribed manner, the correction made in the application.
14. Opposition to registration.—(1) Any person may, within three months from the date of
advertisement or readvertisement of an application for registration or within such further period, not
exceeding one month, in the aggregate, as the Registrar, on application made to him in such manner and
on payment of such fee as may be prescribed allows, give notice in writing in the prescribed manner to the
Registrar, of opposition to the registration.
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(2) The Registrar shall serve a copy of the notice on the applicant for registration and, within two
months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall sent
to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his
application, and if he does not do so, he shall be deemed to have abandoned his application.
(3) If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the
person giving notice of opposition.
(4) Any evidence upon which the opponent and the applicant may rely shall be submitted in such
manner and within the such time as may be prescribed to the Registrar, and the Registrar shall give an
opportunity to them to be heard, if they so desire.
(5) The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide
whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may
take into account a ground of objection whether relied upon by the opponent or not.
(6) Where a person giving notice of opposition or an applicant sending a counter-statement after
receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require
him to give security for the costs of proceeding before him, and in default of such security being duly
given, may treat the opposition or application, as the case may be, as abandoned.
(7) The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of
opposition or a counter-statement on such terms as he thinks just.
15. Correction and amendment.—The Registrar may, on such terms, as he thinks just, at any time,
whether before or after acceptance of an application for registration under section 11, permit the
correction of any error or in connection with the application or permit an amendment of the application:
Provided that if an amendment is made to a single application referred to in sub-section (3) of
section 11 involving division of such application into two or more applications, the date of making of the
initial application shall be deemed to be the date of making of the divided applications so divided.
16. Registration.—(1) Subject to the provisions of section 12, when an application for registration of
a geographical indication has been accepted and either—
(a) the application has not been opposed and the time for notice of opposition has expired; or
(b) the application has been opposed and the opposition has been decided in favour of the
applicant,
the Registrar shall, unless the Central Government otherwise directs, register the said geographical
indication and the authorised users, if any, mentioned in the application and the geographical indication
and the authorised users when registered shall be registered as of the date of the making of the said
application and that date shall, subject to the provisions of section 84, be deemed to be the date of
registration.
(2) On the registration of a geographical indication, the Registrar shall issue each to the applicant and
the authorised users, if registered with the geographical indication, a certificate in such form as may be
prescribed of the registration thereof, sealed with the seal of the Geographical Indications Registry.
(3) Where registration of a geographical indication is not completed within twelve months from the
date of the application by reason of default on the part of the applicant, the Registrar may, after giving
notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed
within the time specified in that behalf in the notice.
(4) The Registrar may amend the register or a certificate of registration for the purpose of correcting a
clerical error or an obvious mistake.
17. Application for registration as authorised user.—(1) Any person claiming to be the producer
of the goods in respect of which a geographical indication has been registered under section 16 may apply
in writing to the Registrar in the prescribed manner for registering him as an authorised user of such
geographical indication.
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(2) The application under sub-section (1) shall be accompanied by a statement and such documents of
facts as may be prescribed and required by the Registrar to determine as to whether such person is the
producer of the goods referred to in that sub-section and such fee as may be prescribed.
(3) The provisions of this Chapter relating to—
(a) the filing and examination of the application;
(b) the refusal and acceptance of registration;
(c) withdrawal of acceptance of application;
(d) advertisement of application;
(e) opposition to registration;
(f) correction or error in an amendment of the application; and
(g) registration,
shall apply in respect of the application and registration of authorised users referred to in sub-section (1)
in the same manner as they apply for the application for registration and registration of the geographical
indication.
18. Duration, renewal, removal and restoration of registration.—(1) The registration of a
geographical indication shall be for a period of ten years, but may be renewed from time to time in
accordance with the provisions of this section.
(2) The registration of an authorised user shall be for a period of ten years or for the period till the date
on which the registration of the geographical indication in respect of which the authorised user is
registered expires, whichever is earlier.
(3) The Registrar shall, on application made in the prescribed manner, by the registered proprietor or
by the authorised user and within the prescribed period and subject to the payment of the prescribed fee,
renew the registration of the geographical indication or authorised user, as the case may be, for a period of
ten years from the date of expiration of the original registration or of the last renewal of registration, as
the case may be (which date is in this section referred to as the expiration of the last registration).
(4) At the prescribed time before the expiration of the last registration of a geographical indication or
the authorised user, as the case may be, the Registrar shall send notice in the prescribed manner to the
registered proprietor or the authorised user, as the case may be, of the date of expiration and the
conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained,
and, if at the expiration of time prescribed in that behalf those conditions have not been duly complied
with, the Registrar may remove the geographical indication or the authorised user, as the case may be,
from the register:
Provided that the Registrar shall not remove the geographical indication or the authorised user, as the
case may be, from the register, if an application is made in the prescribed form and the prescribed fee and
surcharge is paid within six months from the expiration of the last registration of the geographical
indication or the authorised user, as the case may be, and shall renew the registration of geographical
indication or the authorised user, as the case may be, for a period of ten years under sub-section (3).
(5) Where a geographical indication or authorised user, as the case may be, has been removed from the
register for non-payment of the prescribed fee, the Registrar shall, after six months and within one year
from the expiration of the last registration of the geographical indication or the authorised user, as the case
may be, on receipt of an application in the prescribed form and on payment of the prescribed fee, if
satisfied that it is just so to do, restore the geographical indication or the authorised user, as the case may
be, to the register and renew registration of the geographical indication or authorised user, as the case may
be, either generally or subject to such condition or limitation as he thinks fit to impose, for a period of ten
years from the expiration of the last registration.
19. Effect of removal from register for failure to pay fee for renewal.—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,
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next after the date of removal, be deemed to be a geographical indication already on the register, unless
the 1
[Registrar or the High Court, as the case may be,] 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 registration by reason of any previous use of the
geographical indication which has been removed.