The Government of India (GOI) has recently notified rules to amend Geographical Indications of Goods (Registration and Protection) Rules, 2002. The said rules will be called as Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2020. The public notice dated August 28, 2020 can be accessed at: http://www.ipindia.nic.in/writereaddata/Portal/News/708_1_Notification-GI_amenmdent_rules.pdf
The following amendments have been be introduced:
a.) Certain provisions of Rule 56 with respect to the Authorized User have been substituted as under:
- As per the amended Rule 56 (1), the application for registration of Authorized User(s) can be made in Form GI-3. Such request is required to be accompanied by a Statement of Case mentioning applicants claim as producer of the registered GI under consideration.
- According to the Rule 56 (2), the applicant has to provide copy of such request to the registered producer of GI and thereafter intimate the same to the Registrar.
b.) Further, Rule 59 (1) has been substituted to include the following:
- As per the amended Rule 59 (1), upon acceptance of the application for registration of Authorized User, after completion of opposition stages (if any) in favor of the applicant, the Registrar would enter the details of the Authorized User in Part B of the register and issue necessary registration certificate to the applicant.
c.) Further, Rule 59 (2) sub clause (f) and (g) which mandated requirement of priority date and details of appropriate office, related to the GI for which the application is made, have been omitted.
d.) Rule 59(3) has been amended, wherein the requirement of submission of "unmounted representation of the GI" along with request for issuance of registration certificate as an authorized user has been obviated.
e.) The First Schedule, entry 3A with respect to fee of Form GI-3 for an application for the registration of an Authorized User of a registered GI under Section 17, Rule 56(1), has been reduced to INR 10.
f.) Also, entry 3C of the First Schedule, with respect to fee of Form GI-3 for renewal of Authorized User has been reduced to INR 10 and will be considered as entry 3B. However, previous entry 3B, has been removed for the said schedule.
g.) The Second Schedule has been amended to confirm the amended Frist Schedule.
h.) Also, amended Form GI 3A and Form GI 3B have been notified.
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