The Geographical Indications of Goods (Registration and Protection) Act, 1999

Act No. 48

30-Dec-1999

Section 1 — Short title, extent and commencement

1. Short title, extent and commencement.

(1)This Act may be called the Geographical Indications of Goods (Registra tion and Protection) Act, 1999.

(2)It extends to the whole of India.

(3)It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a ref erence to the comin g into force of that provision.

Section 2 — Definitions and interpretation

2. Definitions and interpretation .

(1)In this Act, unless t he context otherwise requires, - 2* * * * *

(b)“authorised user ” means the authorised user of a geographical indicati on registered under

Section 17

section 17;

(c)“deceptively similar ” A geographical indication shall be deemed to be deceptively similar to another geographical indication if it so nearly resembles that other geographical indication as to be likely to deceive or cause confusion;

(d)“district court ” has the meaning assigned to it in the Code of Civil Procedure, 1908 (5 of 1908);

(e)“geographical indication ”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural g oods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical ori gin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region o r locality, as the case may be. Explanation. -For the purpos es of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in rel ation to particular goods ori ginating from that country, region o r locality, as the case may be;

(f)“goods ” means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff;

(g)“indication ” includes any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of goods to which it applies;

(h)“name ” inclu des any abbreviation of a name;

Section 1 — 15th September, 2003, vide notification No. S.O. 1051(E), dat ed 15th September, 2003, s ee Gazette of India , Extraordinary,

1. 15th September, 2003, vide notification No. S.O. 1051(E), dat ed 15th September, 2003, s ee Gazette of India , Extraordinary, Part II, sec. 3 (ii).