GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) (AMENDMENT) RULES, 2020: – Eshwars
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GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) (AMENDMENT) RULES, 2020:

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, has recently notified the Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2020 (“GI Rules”), which came into force on 26th August, 2020. The primary focus of the amendments are in relation to the simplification of procedures regarding the registration of Authorised Users under the GI Act and the GI Rules.

It is to be noted that under the GI Act and GI Rules, any person can apply to his products a Geographical Indication (GI) registered and recognised under the GI Act, only when he is specifically authorised as per the extant provisions prescribed thereunder. A producer of goods can apply for registration as an authorised user in respect of a registered geographical indication by filing an Application along with the prescribed fee with the GI Registry.

Following are the highlights on the amendments made in Geographical Indications of Goods Rules:

Sl.No. Amended Rule The Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2020

 

Remarks
1. Rule 56 – Authorised User The Application for registration of Authorised user can be made only by the proposed authorised user in Form GI-3.

 

Under the earlier GI Rules this application was to be made jointly by the person seeking to be registered as an Authorised User along with the registered proprietor of the GI, which has now been dispensed with.

 

Pre-requisites/supporting documents for filing the Application:

 

–          A statement of case

–          the copy of application made to be forwarded to the registered proprietor and intimation to be sent to the Registrar.

 

 

Under the earlier GI Rules, there was a requirement of filing an affidavit along with consent letter of the registered proprietor and where such consent letter was not furnished the application for seeking registration as an Authorised User was to be forwarded to the registered proprietor under intimation to the Registrar. All these procedures have now been done away with under the new GI Rules and the applicant has to merely file the statement of case along with copy of application forwarded to the registered proprietor under intimation to the Registrar.

 

2. Rule 59 – Registration of an authorised user entry in the Register. 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:

–          Where there is no notice of opposition filed to an application advertised or re-advertised in the Journal within the period specified under sub-clause (e) of sub-section (3) of Section 17

–          where an opposition is filed and it is dismissed.

 

The Registrar need not wait for the completion of appeal period as well as for a separate request for the issuance of the registration certificate.
The prevailing rules omitted Sub-rule 2 (f) & 2 (g) of Rule 59.

 

As per Sub rule (3) The Registrar may issue a duplicate or further copy of the certificate of registration as an authorised user on a request in Form GI-7 accompanied by prescribed fee. The requirement to file an unmounted representation of the geographical indication exactly as shown in the form of application for registration thereof at the time of registration has been dispensed with.

 

3 First Schedule Fees for filing Application for registration and renewal of an authorised user has been reduced to Rs. 10. Under the earlier GI Rules the fee for registration of an authorised user was INR 500 and the fee for renewal of authorised user was Rs. 1000.

 

 

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