Page:Geographical Indications of Goods (Registration and Protection) Act, 1999.djvu/13

From Wikisource
Jump to navigation Jump to search
This page has been validated.
Sec.1]
13
THE GAZETTE OF INDIA EXTRAORDINARY

the case may be, would not affect any substantial quantity of goods and would not substantially prejudice the rights of any person.

(2) A proposal so to amend the register shall be brought to the notice of the registered proprietor and every authorised user of the geographical indication affected and advertised in the prescribed manner, and may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment contravenes the provisions of sub-section (1).


CHAPTER VII

Appeals to the Appellate Board

Appeals to the Appellate Board.31. (1) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made thereunder, may prefer an appeal to the Appellate Board within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal.

(2) No appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1): Provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the Appellate Board that he had sufficient cause for not preferring the appeal within the specified period.

(3) An appeal to the Appellate Board shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and such fees as may be prescribed.

Bar of jurisdiction of courts, etc.32. No court or other authority shall have or, be entitled to, exercise any jurisdiction, Bar of powers or authority in relation to the matters referred to in sub-section (1) of section 31.


Procedure of the Appellate Board.33. The provisions of sub-sections (2), (3), (4), (5), (6) of section 84, section 87, Procedure of section 92, section 95 and section 96 of the Trade Marks Act, 1999, shall apply to the the Appellate Board in the discharge of its functions under this Act as they apply to it in the discharge of its functions under the Trade Marks Act, 1999.

Procedure for application for rectification, etc. before Appellate Board.34. (1) An application for rectification of the register made to the Appellate Board for under section 27 shall be in such form as may be prescribed.

(2) A certified copy of every order or judgment of the Appellate Board relating to a registered geographical indication under this Act shall be communicated to the Registrar Appellate by the Appellate Board and the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order.

Appearance of Registrar in legal proceedings.35. (1) The Registrar shall have the right to appear and be heard—

(a) in any legal proceedings before the Appellate Board in which the relief legal sought includes alteration or rectification of the register or in which any question relating to the practice of the Geographical Indications Registry is raised;

(b) in any appeal to the Board from an order of the Registrar on an application for registration of a geographical indication or authorised user—

(i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or

(ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board.