Publication of Draft Geographical Indications of Goods

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-02072024-255096 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 340] NEW DELHI, TUESDAY, JULY 2, 2024/ASHADHA 11, 1946 [F. No. - P-24027/11/2023-O/o Dir(K)-DPIIT] HIMANI PANDE, Addl. Secy. MINISTRY OF COMMERCE AND INDUSTRY (Department For Promotion Of Industry And Internal Trade) NOTIFICATION New Delhi, the 1st July, 2024 G.S.R. 363(E).—The following draft rules to further amend The Geographical Indication of Goods (Registration and Protection) Rules, 2002 which the Central Government proposes to make in exercise of the power conferred by section 87 of The Geographical Indication of Goods (Registration and Protection) Act, 1999, are hereby published as required by sub-section (1) of the said section for the information of all persons likely to be affected thereby, and notice is hereby given that the said draft will be taken into consideration after the expiry of a period of thirty days from the date on which copies of the Gazette of India, in which this notification is published are made available to the public; AND objections or suggestions, if any, may be addressed to the Secretary, Department for promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, New Delhi-110001 or by e-mail at [email protected] DRAFT HOLDING INQUIRY AND APPEAL RULES 1. Short titles and commencement: - (1) These rules may be called the Draft Geographical Indications of Goods (Holding Inquiry and appeal) Rules, 2024. (2) They shall come into force on the date of their publication in the official Gazette. 2. Definition: - (1) In this chapter, unless the context otherwise requires, - (a) "Act" means the Geographical Indications of Goods (Registration and Protection) Act 1999 (48 of 1999); (b) "adjudicating officer” means an office authorised under section 37A of the Act; (c) "appellant" means a person aggrieved with an order of adjudicating officer and prefers an appeal before the appellate authority under sub-section (1) of section 37B of the Act; (d) "appellate authority” means an officer authorised under section 37B of the Act; (e) "form" means a form appended to these rules; (2) words and expressions used in these rules and not defined but defined in the Act, shall have the same meaning respectively assigned to them in the Act; 3. Complaint. – Any person may file a complaint in Form-I through electronic means to the adjudicating officer regarding any contravention committed under section 38, 39, 40, 41, and 42 of the Act. 4. Holding of Inquiry. – (1) For the purpose of adjudication under section 37A of the Act whether any person has committed any contravention as specified in that section, the adjudicating officer shall, issue a notice through electronic means to such person requiring him to show cause within such period as may be specified in the notice (being not less than seven days from the date of service thereof) why an inquiry should not be held against him. (2) Every notice under sub-rule (1) shall indicate the nature of contravention alleged to have been committed. (3) After considering the cause, if any, shown by such person, the adjudicating officer is of the opinion that an inquiry should be held, he shall issue a notice requiring appearance of that person personally or through a legal practitioner duly authorized by him on such date as may be fixed in the notice. (4) On the fixed, the adjudicating officer shall explain to the person proceeded against or his legal practitioner, the contravention committed by such person and the provision of the Act, in respect of which contravention is alleged to have been committed. (5) The adjudicating officer shall, then give an opportunity to such person to file his counter statement and produce such documents or evidence under Form-II as he may consider relevant to the inquiry and if necessary, the hearing may be adjourned to a future date and in taking such evidence the adjudicating officer shall not be bound to observe the provisions of the Bhartiya Sakshya Adhiniyam, 2023 (47of 2023). (6) While holding an inquiry under this rule, the adjudicating officer may require and enforce the attendance of any person acquainted with the facts and circumstance of the case to give evidence or to produce any document which in the opinion of the adjudicating officer may be useful for or relevant to the subject matter of the inquiry. (7) If any person fails, neglects or refuses to appear as required under sub-rule (3) before the adjudicating officer, the adjudicating officer may proceed with the inquiry in the absence of such person after recording the reasons for doing so. (8) If, upon consideration of the evidence produced before the adjudicating officer, the adjudicating officer is satisfied that the person has committed the contravention, he may by order in writing, impose such penalty under the Act as he considers reasonable. (9) Every order made under sub-rule (8) shall specify the provision of the Act in respect of which contravention has been committed and shall contain the reasons for imposing the penalty. (10) Every order made under sub-rule (8) shall be dated and signed by the adjudicating officer. (11) A copy of the order made under this rule and all other copies of proceedings shall be supplied free of cost to the person against whom the order is made. (12) The adjudicating officer shall complete the proceeding within three months form the issuance of the notice to the opposite party. 5.- Appeal. – (1) Any person aggrieved by an order of the adjudicating officer under this rule, may prefer an appeal in Form-III through electronic means to the appellate authority, within sixty days from the date of the order: Provided that the appellate authority may entertain an appeal after the expiry of the said period if he is satisfied that there was sufficient cause for not filing the appeal within such period. (2) On receipt of the appeal, the appellate authority shall issue a notice requiring to the respondent to file his reply within such period as may be specified in the notice. (3) The appellate authority, shall after giving the parties a reasonable opportunity of being heard, pass a reasoned order, including an order for adjournment and complete the proceedings ordinarily within sixty days from the date of the receipt of the appeal. 6.- Serving upon parties. – (1) All Communications under these rules shall be transmitted through electronic means only. (2) In proving such transmission, it shall be sufficient to show that the communication was properly addressed and transmitted through electronic means. 7. Extension of Time. – The adjudicating officer or the appellate authority may, for reasons to be recorded in writing, where there is a reasonable cause for the delay or failure to act, extend any period specified in these rules till such period as he may think fit. 8. Order and Penalties. – (1) Every order under these rules, shall be dated, digitally signed, communicated to all the parties, and also uploaded on the official website Intellectual Property India. (2) All sums realised by way of penalties under this chapter shall be credited to the Consolidated Fund of India. THE FIRST SECHEDULE FORMS FORM-I THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 Complaint for contravention or default [See rule 3] To, The Registrar of Geographical Indications, The Geographical Indications Office, At................... +--------------------------+--------------------------+ | Particular of Complainant: - | Particular of Defendant: - | +--------------------------+--------------------------+ | a. Name: | a. Name: | | b. Address for service: | b. Address for service: | | c. Contact No: | c. Contact No: | | d. Email (for service): | d. Email (for service): | +--------------------------+--------------------------+ 2. Particulars of Complaint: - a. Date, time and instance of commission of the alleged contravention or default: b. Statement of contravention or default setting out all relevant material particulars: c. Evidence in support of the statement: d. Tentative amount of damage (in pecuniary terms) with cost break-up. I/We........, The Complainant herein declare that the facts stated herein are correct to the best or my/our knowledge, information and belief. 3. Signature of the Complainant: 4. Name of the natural person who has signed: Note. - Strike out whichever is not applicable. FORM-II THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 Furnishing of document or evidence on behalf of the respondent in respect of the complaint of contravention or default. [See rule 4(5)] To, The Registrar of Geographical Indications, The Geographical Indications Office, At................... 1. a. Name: b. Address: c. Nationality: I/We, ............................................................................................ hereby give a counter statement: - to the complaint made in Form-I The grounds in which the counter statement is made are as follows: - ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ ............................................................................................ My/Our address for service in India Is: ............................................................................................ ............................................................................................ ............................................................................................ To be signed by the opposite party 3. Signature: 4. Name of the natural person who has signed: Note. - Strike out whichever is not applicable. FORM-III THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 Appeal [See rule 5] To, The Registrar of Geographical Indications, The Geographical Indications Office, At................... +--------------------------+--------------------------+ | Particular of Appellant: - | Particular of Respondant: - | +--------------------------+--------------------------+ | a. Name: | a. Name: | | b. Address for service: | b. Address for service: | | c. Contact No: | c. Contact No: | | d. Email (for service): | d. Email (for service): | +--------------------------+--------------------------+ 2. Statement of Appeal: - (A statement of case may be separately attached.) I/We............, The Appellant herein declare that the facts stated herein are correct to the best of my/our knowledge, information and belief. 3. Signature of the Appellant: 4. Name of the natural person who has signed: Note. - Strike out whichever is not applicable. [F. No. - P-24027/11/2023-O/o Dir(K)-DPIIT] HIMANI PANDE, Addl. Secy. Note: The principal rules were published in the Gazette of India; Extraordinary, Part II, Section 3, Sub-section (i) vide notification number G.S.R. 176 (E) dated 8th march, 2002 and last amended vide notification number G.S.R. number G.S.R. 528 (E) dated the 26th August, 2020.