Tag Archives: geographical indication

Draft Amendment to Geographical Indications of Goods (Registration and Protection) Rules, 2002

Ministry of Commerce and Industry vide Gazette Notification No.G.S.R. 645(E) dated September 12, 2019, notified the draft Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2019, inviting objections from public. Inter-alia, the amendment proposes to shorten the procedure of applying for registration of geographical indication by omitting certain clauses. The proposed draft amendment is summarized in the below table:

Rule Present Position Proposed Amendment
56(1) Application for registration as an authorized user was to be made in Form GI-3 jointly by the producer and the registered proprietor. Rule is proposed to be substituted to remove joint application by the registered proprietor, and mandating the producer to only forward a copy of the application to the registered proprietor and intimate the Registrar of the due service of the same.
59(1) Registration Certificate in Form GI-3 was to be issued by the Registrar upon receipt of a request with prescribed fee. Rule is proposed to be substituted to remove references of Form GI-3, receipt of request and payment of prescribed fees.
59(2) Registrar has to specify all particulars required under Section 6(1) in the register for authorized user. Requirement for the Registrar to specify priority date and appropriate office of Registry is proposed to be omitted.
59(3) Any request for duplicate or further copies of registration was to be made in Form GI-7 along with an un-mounted representation of the geographical indication as shown in form of application for registration. Proposed to omit accompaniment of un-mounted representation of the geographical indication as shown in form of application for registration.
Sch. I Fees of 500 is payable for application/renewal of registration of an authorized user of a geographical indication Proposed to remove payment of fees.
Sch. II Request for issuance of registration certificate is to be made in Form-GI-3. Proposed to omit the procedure of requesting for issuance of certificate by deletion of entry in Schedule-II and renaming entry 3C as 3B.
GI-3 Form consists of three entries A for application, B for request for certificate issuance, and C for renewal Proposed form consists of only two i.e. entries A for application and B for renewal.

 

Source: http://egazette.nic.in/WriteReadData/2019/212426.pdf