Page:Geographical Indications of Goods (Registration and Protection) Act, 1999.djvu/4



The Central Government may, by notification in the Official Gazette, define the territorial limits within which an office of the Geographical Indications Registry may exercise its functions.

There shall be a seal of the Geographical Indications Registry.

6. For the purposes of this Act, a record called the Register of geographical indications shall be kept at the head office of the Geographical Indications Registry, wherein shall be entered all registered geographical indications with the names, 'addresses and descriptions of the proprietors, the names, addresses and descriptions of authorised users and such other matters relating to registered geographical indications as may be prescribed and such registers may be maintained wholly or partly on computer.

Notwithstanding anything contained in sub-section (1). it shall be lawful for the Registrar to keep the records wholly or partly in computer floppies or diskettes or in any other electronic form, subject to such safeguards as may be prescribed.

Where such register is maintained wholly or partly in computer floppies or diskettes or in any other electronic form under sub-section (2), any reference in this Act to any entry in the register shall be construed as the reference to the entry as maintained on computer floppies or diskettes or in any other electronic form, as the case may be.

No notice of any trust, express or implied or constructive, shall be entered in the register and no such notice shall be receivable by the Registrar.

Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Registrar.

There shall be kept at each branch office of the Geographical Indications Registry a copy of the register and such other documents mentioned in section 78 as the Central Government may, by notification in the Official Gazette, direct.

7. The register referred to in section 6 shall be divided into two Parts respectively Part A and Part B.

The particulars relating to the registration of the geographical indications shall be incorporated and form part of Part A of the register in the prescribed manner.

The particulars relating to the registration of the authorised users shall be incorporated and form part of Part B of the register in the prescribed manner.

8. A geographical indication may be registered in respect of any or all of the goods, comprised in such class of goods as may be classified by the Registrar and in respect of a definite territory of a country, or a region or locality in that territory, as the case may be.

The Registrar shall classify the goods under sub-section (1), as far as may be, in accordance with the International classification of goods for the purposes of registration of geographical indications.

The Registrar may publish in the prescribed manner an alphabetical index of classification of goods referred to in sub-section (2).

Any question arising as to the class within which any goods fall or the definite area as referred to in sub-section (1) in respect of which the geographical indication is to be registered or where any goods are not specified in the alphabetical index of goods published under sub-section (3) shall be determined by the Registrar whose decision in the matter shall be final.

9. A geographical indication—

the use of which would be likely to deceive or cause confusion; or

the use of which would be contrary to any law for the time being in force; or

which comprises or contains scandalous or obscene matter; or

which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or