Page:Geographical Indications of Goods (Registration and Protection) Act, 1999.djvu/2

 2 2. In this Act, unless the context otherwise requires,—

"Appellate Board" means the Appellate Board established under section 83 of the Trade Marks Act, 1999;

"authorised user" means the authorised user of a geographical indication registered under section 17;

"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;

"district court" has the meaning assigned to it in the Code of Civil Procedure, 1908;

"geographical indication", in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods 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 origin 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 or locality, as the case may be.

Explanation.—For the purposes 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 relation to particular goods originating from that country, region or locality, as the case may be;

"goods" means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff;

"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;

"name" includes any abbreviation of a name;

"package" includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;

"prescribed" means prescribed by rules made under this Act;

"producer", in relation to goods, means any person who,—

if such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods;

if such goods are natural goods, exploits the goods;

if such goods are handicraft or industrial goods, makes or manufactures the goods,

and includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods;

"register" means the Register of Geographical Indications referred to in section 6;

"registered" (with its grammatical variations) means registered under this Act;