Geographical Indications of Goods Registration and Protection Amendment Rules 2023

6707 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 611] NEW DELHI, FRIDAY , OCTOBER 20 , 2023/ ASVINA 28, 1945 CG-DL-E-23102023-249634 (1) (2) (3) (4) (2)] 1000 भौ. उ.-1 (1) 84 (1), जनयम 23 (3)] 1000 भौ. उ. -1 1000 भौ. उ. -1 1000 भौ. उ. -1 1000 भौ. उ. -2 [3.ख 60(1)] 3000 भौ. उ. -4 28; जनयम 69] 300 29] 300 भौ. उ. -9 MINISTRY OF COMMERCE AND INDUSTRY (Department for Promotion o f Industry and Internal Trade) NOTIFICATION New Delhi, the 17 th October, 2023 G.S.R. 789(E). —The following draft rules to further amend the Geographical Indications of Goods (Registration and Protection) Rules, 2002 which the Central Government proposes t o make in exercise of the powers conferred by section 87 of the Geographical Indications 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 rules will be taken into consideration after the expiry of a period of thirty days from the date on which copi es of the Gazette of India, in which this notification is published, are made available to the public; 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 - 110011 or by e -mail at [email protected]; The objections and suggestions, which may be received from any person with respect to the said draft rules before the expiry of the period so specified, will be considered by the Central Government. DRAFT RULES 1. (i) These rules may be called the draft Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2023. (ii) They shall come into force on the date of their publicat ion in the OfficialGazette. 2. In the principal rules, for Table of the FIRST SCHEDULE, the following table shall be substituted, namely: — No. of Entry On what payable Amount in Rupees Corresponding Form Numbers (1) (2) (3) (4) 1A. On application for the re gistration of a geographical indication for goods included in one class [section 11(1); rule 23(2)]. 1000 GI-1 1B. On application for the registration of a geographical indication for goods included in one class from a convention country [sections 11(1) , 84(1); rule 23(3). 1000 GI-1 1C. On a single application for the registration of a geographical indication for goods in different classes [section 11(3); rule 23(5)]. 1000 For each class GI-1 1D. On a single application for the registration of a geog raphical indication for goods in different classes from a convention country [sections 11(3), 84(1); rule 23(4)]. 1000 For each class GI-1 2A. On a notice of opposition to the registration of a geographical indication under section 14(1) or an oppositio n to an authorised user [section 17(3)(e)]. 1000 For each class GI-2 2B. On a counter -statement in answer to a notice of opposition under section 14(2) or 17(3)(e) for each application opposed and in answer to an application under Section 27 in respect of each geographical indication or in answer to a notice of opposition under section 29 1000 GI-2 2C. On application for extension of time for filing notice of opposition [sections 14(1), 17(3)(e), 29(2); rule 41(5)]. 300 GI-2 [3A. On application for the r egistration of an authorised user of a registered geographical indication under section 17, rule 56(1)]. 10 GI-3 [3B. For renewal of an authorised user [sub -section (2) of section 18, sub - rule (1) of rule 60). 10 GI-3 4A. For renewal under section 1 8(1) of the registration of a geographical indication at the expiration of the last registration [rule 60(1)]. 3000 GI-4 4B. On application under section 18(5) for restoration of geographical indication or an authorised user removed from the Register [rul e 63]. 1000 plus applicable renewal fees GI-4 4C. On application for renewal under proviso to section 18(4). Proviso to rule 62 within six months from the expiration of last registration of geographical indication. 3500 GI-4 5A. On request for alteration of the address of the principal place of business or of residence in India or of the address in the home country abroad in the Register of Geographical Indications or authorised user [section 28; rule 69]. 300 in case of GI Application in case of Auth orised User Application GI-5 5B. On request to enter change in name or description of proprietor of geographical indication upon the Register. 300 GI-5 5C. On request for correction of any error in the name, address or description of the registered propr ietor or the authorised user of a geographical indication [section 28(a)]. 300 in case of GI Application in case of Authorised User Application GI-5 5D. On application for the rectification of the register in Part B for the removal of an authorised us er [section 27; rule 65]. 1000 GI-5 5E. On division of goods in a class or on division of an application made for registration of a geographical indication in different classes under proviso to section 15; rule 23(7). 1000 GI-5 5F. For a search under rul e 22 in respect of one class 500 GI-5 6A. On application under section 27 for rectification of the register or removal of a geographical indication or expunge or vary the Statement of the Case under rule 32(1) recorded in the Register or an authorized use r from the register [rule 65]. 1000 GI-6 6B. On application for leave to intervene in proceedings relating to the rectification of the Register or for the removal of a geographical indication or an authorised user from the Register [rule 67 and 80(4)]. 500 GI-6 7A. On request for certificate of Registrar [other than a certificate under section 69 or 78(1); rule 96]. 300 in case of GI Application in case of Authorised User Application GI-7 7B. Affidavit in support of statement of case or other doc uments required under the Act or rules. Nil GI-7 7C. On request for entry in the Register and advertisement of a note of certificate of validity of the Appellate Board [rule 99]. 200 GI-7 7D. On application for review of Registrar’s decision. 500 GI-7 7E. On request to registrar for particulars of advertisement of a geographical indication. 100 GI-7 7F. On request to Registrar for a duplicate or further copy of certificate. 200 in case of GI Application in case of Authorised User Application GI-7 8A. Application for registration of a geographical indications agent [rule 107]. 1000 GI-8 8B. On request for issuance of certificate as geographical indications agent [rule 109]. 1000 GI-8 8C. For continuance of the name of a person in the register of Geographical Indication Agent under rule 110. - For every year (excluding the first year) to be paid on 1st April in each year. - For the first year to be paid along with the fee for registration, in the case of a person registered at any time between the 1 st April, and 30th September. N.B. : A year for this purpose will commence on the 1st day of April and end on the 31st day of March following. 1000 GI-8 8D. On application for restoration of the name of a person to the Register of Geographical Indications under rule 113. 1000 plus continuance fee under entry No.8C GI-8 9A. On application to Registrar for additional protection to certain goods [section 22(2); rule 77(1)]. 12000 GI-9 9B. On application for leave to add or alter a registered geographical in dication [except where the application is made by any or of a public authority or in consequence of a statutory requirement [section 29]. 300 GI-9 9C. On application for extension of time not being a time expressly provided in the Act or prescribed in the rules [rule 83]. 300 GI-9 10A. On application for cancellation of an entry in the register or to strike out goods. [section 28(c) or (d)]. 300 GI-10 10B. Form of authorisation of agent in a matter or proceedings under the Act [section 76; rule 20] Nil GI-10 11. On petition (not otherwise charged) for obtaining the Registrar’s order on any interlocutory matter in a contested proceeding. 500 12. For inspecting the document mentioned in section 78(1) - a. relating to any particular geographical indication o r authorised user thereof for every hour or part thereof; b. computer search (when made available) for every 15 minutes; c. search of index mentioned in section 78 for every hour or part thereof. 13. For copying of documents (photocopy or ty ped) for every page or part thereof in excess of one page 10 [F.No. -P-24027/1/2023 -IPR-III] HIMANI PANDE , Jt. Secy . Note : The principal rules were published in the Gazette of India; Extraordinary, Part II, Section 3, Sub -section (i) vide notificatio n number G.S.R. 176(E), dated 8th day of March, 2002 and last amended vide G.S.R. 528 (E), dated 26th day of August 2020. 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