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Union of India - Section
Section 116 in The Geographical Indications Of Goods (Registration And Protection) Rules, 2002
116. Appeal .-An appeal shall lie to Intellectual Property Appellate Board from any order or decision of the Registrar in regard to the registration of Geographical Indications Agents under Part II of these rules, and the decision of the Appellate Board shall be final and binding.
THE FIRST SCHEDULE[See rule 10(1)]| No. of Entry | On what payable | Amount in Rupees | Corresponding Form Numbers |
| (1) | (2) | (3) | (4) |
| 1-A | On application for the registration of a geographical indication for goods included in one class [Section 11(1), rule 23(2)]. | 5,000 | GI-1 |
| 1-B | On application for the registration of a geographical indication for goods included in one class from a convention country [Section 11(1), 84(1), rule 23(3)] | 5,000 | GI-1 |
| 1-C | On a single application for the registration of a geographical indication for goods in different classes [Section 11(3) rule 23(5)]. | 5,000 for each class | GI-1 |
| 1-D | On a single application for the registration of a geographical indication for goods in different classes from a convention country [Section 11(3), 84(1), rule 23(4)]. | 5,000 for each class | GI-1 |
| 2-A | On a notice of opposition to the registration of a geographical indication under section 14(1) or an opposition to an authorised user Section 17(3)(e). | 1,000 for each class | GI-2 |
| 2-B | On a counter-statement in answer to a notice of opposition under section 14(2) or 17(3)(e) for each application opposed and in answer to an application under section 27 in respect of each geographical indication or in answer to a notice of opposition under section 29. | 1,000 | GI-2 |
| 2-C | On application for extension of time for filing notice of opposition. [Section 14(1), 17(3)(e), 29(2), rule 41(5)] | 300 | GI-2 |
| 3-A | On application for the registration of an authorised user of a registered geographical indication under section 17, Rule 56(1) | 500 | GI-3 |
| 3-B | On request for issuance of a registration certificate as an authorised user, Rule 59(1) | 100 | GI-3 |
| 3-C | For renewal of an authorised user 18(2), rule 60(1) | 1,000 | GI-3 |
| 4-A | For renewal under section 18(1) of the registration of a geographical indication at the expiration of the last registration. Rule 60(1). | 3,000 | GI-4 |
| 4-B | On application under section 18(5) for restoration of geographical indication or an authorised user removed from the Register [Rule 63]. | 1000 plus applicable renewal fee | GI-4 |
| 4-C | On application for renewal under proviso to section 18(4) Proviso to rule 62 within six months from the expiration of last registration of geographical indication. | 3,500 | GI-4 |
| 5-A | On request for alteration of the address of the principal place of business or of residence inIndiaor of the address in the home country abroad in the Register of Geographical Indications are authorized users, Section 28, rule 69. | 300 | GI-5 |
| 5-B | On request to enter change in name or description of proprietor of geographical indication upon the Register. | 300 | GI-5 |
| 5-C | On request for correction of any error in the name , address or description of the registered proprietor or the authorised user of a geographical indication. (Section 28(a). | 300 | GI-5 |
| 5-D | On application for the rectification of the register in Part B for the removal of an authorised user. Section 27, Rule 65. | 1,000 | GI-5 |
| 5-E | On division of goods in a class or on division of an application made for registration of a geographical indication in different classes under proviso to Section 15, rule 23(7). | 1,000 | GI-5 |
| 5-F | For a search under rule 22 in respect of one class. | 500 | GI-5 |
| 6-A | On application under section 27 for rectification of the register or removal of a geographical indication or expunge or vary the Statement of the Case under rule 32(1) recorded in the Register or an authorized user from the register, Rule 65. | 1,000 | GI-6 |
| 6-B | On application for leave to intervene in proceedings relating to the rectification of the Register or for the removal of a geographical indication or an authorized user from the Register. Rule 67 and 80(4). | 500 | GI-6 |
| 7-A | On request for certificate of Registrar [other than a certificate under Section 69 or 78(1)]. Rule 96 | 300 | GI-7 |
| 7-B | Affidavit in support of statement of case or other documents required under the Act or rules. | Nil | GI-7 |
| 7-C | On request for entry in the Register and advertisement of a note of certificate of validity of the Appellate Board. Rule 99. | 200 | GI-7 |
| 7-D | On application for review of Registrar's decision. | 500 | GI-7 |
| 7-E | On request to registrar for particulars of advertisement of a geographical indication | 100 | GI-7 |
| 7-F | On request to Registrar for a duplicate or further copy of certificate. | 200 | GI-7 |
| 8-A | Application for registration of a geographical indications agent. Rule 107. | 1,000 | GI-8 |
| 8-B. | On request for issuance of certificate as geographical indications agent. Rule 109. | 1,000 | GI-8 |
| 8-C | For continuance of the name of a person in the Register of Geographical Indication Agent under rule 110;- For every year (excluding the first year) to be paid on 1st April in each year.- For the first year to be paid along with the fee for registration, in the case of a person registered at any time between the 1st April, and 30thSeptember.N.B: A year for this purpose will commence on the 1st day of April and end on the 31stday of March following. | 1,000 | GI-8 |
| 8-D | On application for restoration of the name of a person to the Register of Geographical Indications under rule 113. | 1,000 plus continuance fee under entry No.8C | GI-8 |
| 9-A | On application to Registrar for additional protection to certain goods [section 22(2), rule 77(1)]. | 25,000,GI-9 | |
| 9-C. | On application for extension of time not being a time expressly provided in the Act or prescribed in the rules. Rule 83. | 300 | GI-9 |
| 9-B. | On application for leave to add or alter a registered geographical indication [except where the application is made by an or of a public authority or in consequence of a statutory requirement. Section 29. | 300 | GI-9 |
| 10-A | On application for cancellation of an entry in the Register or to strike out goods. (Section 28(c) or (d)). | 300 | GI-10 |
| 10-B. | Form of authorisation of agent in a matter or proceedings under the Act. Section 76, Rule 20 | Nil | GI-10 |
| 11 | On petition (not otherwise charged) for obtaining the Registrar's order on any interlocutory matter in a contested proceeding. | 500 | |
| 12. | For inspecting the document mentioned in Section 78(1)- | ||
| (a) relating to any particular geographical indication or authorised user thereof for every hour or part thereof; | 100 | ||
| (b) computer search (when made available) for every 15 minutes; | 100 | ||
| (c) Search of index mentioned in section 78 for every hour or part thereof. | 100 | ||
| 13 | For copying of documents (photocopy or typed) for every page or part thereof in excess of one page | 10 |
| Form No. | Section of the Act | Title | Entry Number |
| (1) | (2) | (3) | (4) |
| GI-1 | Section 11(1), rule 23(2) | Application for the registration of a geographical indication for goods included in one class | 1A |
| GI-1 | Sections 11(1), 84(1), rule 23(3) | Application for the registration of a geographical indication for goods included in one class from a convention country | 1B |
| GI-1 | Sections 11(3), rule 23(5) | A single application for the registration of a geographical indication for goods in different classes. | 1C |
| GI-1 | Sections 11(3), 84(1), rule 23(4) | A single application for the registration of a geographical indication for goods in different classes from a convention country | 1D |
| GI-2 | Sections 14(1), 17(3)(e) Rule 41 | Notice of opposition to the registration of a geographical indication or an opposition or an authorised user. | 2A |
| GI-2 | Section 14(2), 17(3)(e),27 & 29, rule 43(1), 58, 72(2) | Form of counter-statement | 2B |
| GI-2 | Section 14(1), 17(3)(e), 29(2), rule 41(5), 72(2) | Application for extension of time for filing notice of opposition | 2C |
| GI-3 | Section 17(1), rule 56(1) | Application for the registration of an authorised user of a registered geographical indication. | 3A |
| GI-3 | Section 18(5), rule 59 | Request for issuance of a registration certificate as an authorised user. | 3B |
| GI-3 | 18(2), rule 60(1) | For renewal of an authorised user | 3C |
| GI-4 | Section 18(4), Rule 60 | Renewal of the registration of a geographical indication at the expiration of the last registration. | 4A |
| GI-4 | Sections 18(5), rule 63 | Application for restoration of geographical indication or an authorised user removed from the Register. | 4B |
| GI-4 | Proviso to section 18(4) Proviso to rule 62 | Application for renewal within six months from the expiration of last registration of geographical indication. | 4C |
| GI-5 | Section 28, rule 69 | On request for alteration of the address of the principal place of business or of residence inIndiaor of the address in the home country abroad in the Register of Geographical Indications are authorized users. | 5A |
| GI-5 | 28(c) | Request to enter change in name or description of proprietor of geographical indication upon the Register. | 5B |
| GI-5 | 28(a) | Request for correction of any error in the name, address or description of the registered proprietor or the authorised user of a geographical indication. | 5C |
| GI-5 | Section 27, Rule 65 | Application for the rectification of the register in Part B for the removal of an authorised user. | 5D |
| GI-5 | Rule 22 | A request for search in respect of one class. | 5E |
| GI-5 | Proviso to Section 15, rule 23(7) | Division of an application made for registration of a geographical indication in different classes | 5F |
| GI-6 | Section 27 | Application for rectification of the register or removal of a geographical indication or expunge or vary the Statement of the Case under rule 32(1) recorded in the Register from the register. | 6A |
| GI-6 | Rule 67 and 80(4) | Application for leave to intervene in proceedings relating to the rectification of the Register or for the removal of a geographical indication or an authorised user from the Register. | 6B |
| GI-7 | Section 69 or 78(1)]. Rule 96. | Request for certificate of Registrar [other than a certificate under Section 16(2)]. | 7A |
| GI-7 | Rule 93 | Affidavit in support of statement of case or other documents required under the Act or rules. | 7B |
| GI-7 | Section 72, rule 99 | Request for entry in the Register and advertisement of a note of certificate of validity of the Appellate Board. | 7C |
| GI-7 | 63, rule 92 | Application for review of Registrar's decision. | 7D |
| GI-7 | Rule 40 | Request to registrar for particulars of advertisement of a geographical indication | 7E |
| GI-7 | Rule 55(2) | Request to Registrar for a duplicate or further copy of certificate. | 7F |
| GI-8 | Rule 107 | Application for registration of a geographical indications agent | 8A |
| GI-8 | Rule 109. | On request for issuance of certificate as geographical indications agent | 8B |
| GI-8 | Rule 110. | For continuance of the name of a person in the Register of Geographical Indication Agent under rule 110; | 8-C |
| - For every year(excluding the first year) to be paid on 1st April in each year. | |||
| - For the first year to be paid along with the fee for registration, in the case of a person registered at any time between the 1st April, and 30thSeptember. | |||
| N.B: A year for this purpose will commence on the 1st day of April and end on the 31stday of March following. | |||
| GI-8 | Rule 113 | On application for restoration of the name of a person to the Register of Geographical Indications under rule 113. | 8-D |
| GI-9 | 22(2), rule 77 | On application to Registrar for additional protection to certain goods. | 9A |
| GI-9 | Section 29 | Application for leave to add or alter a registered geographical indication [except where the application is made by an or of a public authority or in consequence of a statutory requirement] | 9B |
| GI-9 | 64, rule 83 | Application for extension of time not being a time expressly provided in the Act or prescribed in the rules. | 9C |
| GI-10 | 28(c) or (d) | Application for cancellation of an entry in the Register or to strike out goods. | 10A |
| GI-10 | 76, Rule 20 | Form of authorization of agent in a matter or proceedings under the Act. | 10B |
| Form No. | Title | ||
| 0-1 | Section16(3) | .. | Notice of non-completion of registration. |
| 0-2 | Rule 55(1) | .. | Certificate of registration of geographical indication. |
| 0-3 | Rule 61 | .. | Notice of expiration of last registration. |
| 0-4 | Rule 102 | .. | Certificate of registration of a person as a geographical indications agent. |
| O-5 | Rule 55(1) | .. | Notice of expiration of last registration of an authorized user. |
| Entry No. | Matter in respect of which costs to be awarded | Amount |
| 1. | For one day's hearing involving examination of witnesses | Rs.1000 |
| 2. | For one day's hearing when there is no examination of witnesses | Rs.500 |
| 3. | For adjournment of hearing granted on the petition of any party. Rs.500 plus cost of re-summoning the other parties' witness who were due to be examined on the day | |
| 4. | For striking out scandalous matter from an affidavit | Rs.200 |
| 5. | For attendance of witnesses - | |
| Subsistence allowance.... | Rs.500(vide not below) | |
| Traveling allowance.... | The fare by rail or steamer second class each way and if there is no rail or steamer communication Rs. 5 or 2.50 per km. depending upon the rank and status of the witness. |
| A | Application for the registration of a geographical indication in Part A of the RegisterSection 11(1), Rule 23(2)Fee: Rs.5,000 (See entry No.1-A of the First Schedule) | |
| B | Application for the registration of a geographical indication in Part A of the Register from a convention countrySection 11(1), 84(1), rule 23(3)Fee: Rs.5,000 (See entry No.1-B of the First Schedule) | |
| 1. Application is hereby made bya...........for the registration in Part A of the Register of the accompanying geographical indication furnishing the following particulars:-- Name of the Applicant:- Address:- List of association of persons/producers/organization/authority:- Type of goods:- Specification:- Name of the geographical indication[and particulars]:- Description of the goods:- Geographical area of production and map:- Proof of origin[Historical records]:- Method of Production:- Uniqueness:- Inspection Body:- Other:Along with the Statement of Case in Classb........b.......in respect ofc..........in the name(s) ofd......... whose address is ....... who claims to represent the interest of the producers of the said goods to which the geographical indication relates and which is in continuous use since.........in respect of the said goods.2. The application shall include such other particulars called for in rule 32(1) in the Statement of Case.3. All communications relating to this application may be sent to the following address inIndia.4.Inthe case of an application from a convention country the following additional particulars shall also be furnished.(a) Designation of the country of origin of the geographical indication.(b) Evidence as to the existing protection of the geographical indication in its country of origin, such as the title and the date of the relevant legislative or administrative provisions, the judicial decisions or the date and number of the registration, and copies, of such documentation...........................................................eSignatureName of the Signatory (In Block Letters) |
| C | A single application for the registration of a geographical indication in Part A of the Register for goods falling in different classesSection 11(3), rule 23(5)Fee: Rs. 5,000 for each class (See entry No.1-C of the First Schedule) | |
| D | A single application for the registration of a geographical indication in Part A of the Register for goods falling in different classes from a convention countrySection 11(3), rule 23(4)Fee: Rs. 5,000 for each class (See entry No.1-D of the First Schedule) | |
| 1. Application is hereby made bya...... for the registration in Part A of the Register of the accompanying geographical indication furnishing the following particulars:-- Name of the Applicant:- Address:- List of association of persons/producers/organisation/authority:- Type of goods:- Specification:- Name of the geographical indication[and particulars]:- Description of the goods:- Geographical area of production and map:- Proof of origin[ historical records]- Method of Production:- Uniqueness:- Inspection Body:- Other:along with the Statement of Case in Class(i) classb................... in respect ofc.................(ii) classb.................. in respect ofc.................(iii) classb................. in respect ofc..................in the name(s) ofd.................. whose address is ............ who claim (s) to represent the interest of the producers of the goods to which the geographical indication relates and which geographical indication is used continuously since .......... in respect of the said goods.2. The application shall include such other particulars called for in rule 32(1) in the Statement of Case.3. All communications relating to this application may be sent to the following address in India.4. In the case of an application from a convention country the following additional particulars shall also be furnished.(a) Designation of the country of origin of the geographical indication.(b) Evidence as to the existing protection of the geographical indication in its country of origin, such as the title and the date of the relevant legislative or administrative provisions, the judicial decisions or the date and number of the registration, and copies, of such documentatione.........................................................SignatureName Of The Signatory (In Block Letters) | ||
| For instructions please see overleaf |
| A | Notice of opposition to application for registration of a geographical indication or an authorized user[Section 14(1), 17(3) (3), rule 41(1)]Fee: Rs.1,000/- for each class (See entry No.2 (A) of the First Schedule) | |
| In the matter of Application No...................by .................I(or we)1......................hereby give notice of my (or our) intention to oppose the registration of the geographical indication/authorised user advertised under the above number for class ............in the Geographical Indications Journal dated the ............day of.........20......No..............page.........The grounds of opposition are as follows:-2.............................All communications in relation to these proceedings may be sent to the following address inIndia:-Dated this ....................... day of ........................ 20............3...............................................Signature | ||
| B | Form of Counter-statementSections 2, 14, 17(3),27, Rules 43(1), 66(To be filed in triplicate)Fee: Rs. 1,000/- (See entry No.2 (B) of the First Schedule) | |
| In the matter of an opposition No............... to application No................in class.......... for the registration of a geographical indication.I (or we).................... the applicant(s) for registration of the above geographical indication, hereby give notice that the following are the grounds on which I (or we) rely for my(or our) application :-I (or we) admit the following allegations in the notice of opposition................2 All communications in relation to these proceedings may be sent to the following address inIndia:-Dated this ............day of.........20......3.................................................SignatureName Of Signatory(In Block Letters) | ||
| c | Application for extension of time for giving notice of oppositionSection 14(1), 17(3)(e) and 29(2)., Rule 41(5)Fee: Rs.300 (See entry No.2 (C) of the First Schedule) | |
| In the matter of application No................................. in class ..........I (or We)1...........................................................hereby apply for extension of time of2.............................................for giving notice of opposition to the registration of the geographical indication or authorised user under the above number in the Geographical Indications Journal dated the ............day of......................20..The reasons for making this application are as follows :-All communications relating to this application may be sent to the following address inIndia:-Dated this .................. day of.......................20.........................................................eSignatureName of Signatory(In Block Letters) | ||
| For instruction please see overleaf |