Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade)

18th September, 2019 - 8:16 am Categories: Intellectual Property News & Updates 0 Comments

Recently the central government has issued notification, proposing amendments in the geographical indications of goods (registration and protection) rules, 2002. The draft rules are published as a notice as well as inviting objections or comments from the public likely to be affected by the proposed amended rules.

This Notification also states that the said draft shall be taken into account on or after the expiry of a period of thirty days from the date on which the Official Gazette, containing the notification, are made available to the public.

Amendments

1. The First Amendment states the change in the year from 2002 to 2019, thus these rules will be stated as the Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2019.

2. The Second Amendment states the changes in sub-rule (1) of Rule 56 that is;

In the former rule, the Application to the registrar for the registration of Geographical Indications under section 17 was to be made jointly by the registered proprietor and the proposed authorized user, whereas the amended rule gives the authority for application of registration only to the proposed user.  Also, the applicant shall also forward a copy of the application to the registered proprietor, and intimate the Registrar of due service of the same.

3. The Third Amendment  states that sub-rule(2) of Rule 56, shall be deleted from the former principal rules that is;

            “A copy of the letter of consent from the registered proprietor of the geographical indication may accompany the application and where such consent letter is not furnished, a copy of the application shall be endorsed to the registered proprietor for information and the Registrar shall be intimated of due service by the proposed authorised user.”

4. The Fourth Amendment stats the changes in sub-rule (1) of rule 59 of the principal rule; that the new rule does not mention about  “Appeal “ and “The Registrar shall enter the authorised user in Part B of the register on receipt of a request for issuance of the registration certificate in Form GI-3 together with the prescribed fee”.

 The new Amendment states that “The Registrar shall enter the authorised user in Part B of the register and shall issue a registration certificate with the seal of Geographical Indication Registry”.

5. The Fifth Amendment states that clause (f) and clause(g) of sub-rule(2) of Rule 59, shall be deleted from the former principal rules that is;

“(f) The priority date, if any, to be accorded pursuant to a convention application made under section 84” and;  

“(g) The appropriate office of Geographical Indications Registry in relation to the geographical indication.”

6. The Sixth Amendment  states that “An unmounted representation of the geographical indication exactly as shown in the form of application for registration thereof at the time of registration shall accompany such request” shall be deleted from  sub-rule (3) of rule 59 of the principal rule which is:

“The Registrar may issue a duplicate or further copies of the certificate of registration as an authorised user on a request in Form GI-7 accompanied by prescribed fee.  An unmounted representation of the of 16 the geographical indication exactly as shown in the form of application for registration thereof at the time of registration shall accompany such request.”

7. The Seventh Amendment  states the changes in FIRST SCHEDULE of the principal rules

a. Under 3A there is no amount payable and it is stated as “NIL”, whereas in the former rule the amount was INR 500 on the application for the registration of Geographical Indications.

b. 3B shall be deleted which is INR 100 for request of issuance of the registration certificate as an authorized user. (As the request for issuance of certificate no longer exists in sub-rule (1) of Rule 59)

c. 3C shall be substituted with 3B where there is no amount payable and it is stated as “NIL”, whereas in the former rule the amount was INR 1000 for renewal of an authorised user [section 18(2), rule 60(1)].

8. The Eight Amendment  states the changes in SECOND SCHEDULE of the principal rule:

a. The following row from the Form GI-3 shall be deleted;

b. The word “3C” shall be substituted with the word “3B” in the Form GI-3:

9. The Ninth Amendment states that Form GI 3 in the principal rules shall be substituted by Forms GI 3A and GI 3B.

Author: Ms. Aanchal Rajan Saxena and Ms. Vaidehi Kabra, Intern at Khurana & Khurana, Advocates and IP Attorneys. In case of any queries please contact/write back to us at swapnils@khuranaandkhurana.com

Reference: http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/GI_rules_16092019.pdf