Page:Geographical Indications of Goods (Registration and Protection) Act, 1999.djvu/25

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THE GAZETTE OF INDIA EXTRAORDINARY

Declaration as to title of geographical indication not registrable under the Registration Act, 1908.82. Notwithstanding anything contained in the Registration Act, l9O8, no document declaring or purporting to declare any title of a person to a geographical indication other than a registered geographical indication shall be registered under that Act.


Government to be bound.83. The provisions of this Act shall be binding on the Government.

Special provisions relating to applications for registrations from citizens of convention countries.84. (1) With a view to the fulfilment of a treaty, convention or arrangement with any country or a country which is a member of a group of countries or union of countries or Inter-Governmental Organisations outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country or group of countries or union of countries or Inter-Governmental Organisations to be a convention country or convention countries for the purpose of this act.

(2) Nothing contained in this Act or the Trade Marks Act, 1999 shall prevent a continued and similar use of geographical indication relating to a country or a country which is a member of a group of countries or union of countries or any Inter-Governmental Organisations, as the case may be, notified under sub-section (1) identifying wines or spirits in connection with goods by any citizen or domiciliary of such county who has used that geographical indication in continuous manner with regard to such goods or any goods relating to such goods, as the case may be, in any part of the territory of that country either—

(a) for at least ten years preceding the 15th day of April, 1994; or (b) in good faith preceding the date referred to in clause (a).

Provision as to reciprocity85. Where any country or a country which is a member of a group of countries or union of countries or any Inter-Governmental Organisation specified by the Central government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the registration and protection of geographical indications as it accords to its own nationals, no nationals of such country or a country which is a member of a group of countries or union or countries or Inter-Governmental Organisations, as the case may be, shall be entitled—

(a) to apply for the registration of, or be registered as the proprietor of geographical indication; (b) to apply for registration or be registered as an authorised user of a geographical indication.

Powers of Central Government to remove difficulties.86. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:

Provided that no order shall be made under this section after the expiry of five years from the commencement of this Act.

(2) Every order made under this section shall, as soon as may, be laid before each House of Parliament.

Power to make rules.87. (1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules to carry out the provisions of this Act.