Section 17 of The Geographical Indications of Goods (Registration and Protection) Act, 1999 in hindi
Application for registration as authorised user.
- (1)Any person claiming to be the producer of the goods in respect of which a geographical indication has been registered under section 16 may apply in writing to the Registrar in the prescribed manner for registering him as an authorised user of such geographical indication.
- (2)The application under sub-section (1) shall be accompanied by a statement and such documents of facts as may be prescribed and required by the Registrar to determine as to whether such person is the producer of the goods referred to in that sub-section and such fee as may be prescribed.
- (3)The provisions of this Chapter relating to--
- (a)the filing and examination of the application;
- (b)the refusal and acceptance of registration;
- (c)withdrawal of acceptance of application;
- (d)advertisement of application;
- (e)opposition to registration;
- (f)correction or error in an amendment of the application; and
- (g)registration, shall apply in respect of the application and registration of authorised users referred to in sub-section (1) in the same manner as they apply for the application for registration and registration of the geographical indication.
Summary
- Any person who produces the specific goods can apply to be registered as an authorised user of an existing geographical indication.
- Applicants must provide a statement and documents to prove they are genuine producers of the goods.
- The process for becoming an authorised user involves the same steps as the original registration, including filing, examination, and advertisement.
- Potential users must pay a prescribed fee when they submit their application.
- The public has the right to oppose the registration of an authorised user just as they can oppose the registration of the indication itself.
Practical examples
FAQ
1. Who can apply to be an authorised user under Section 17 of the Geographical Indications Act?
Under Section 17 of the Geographical Indications Act, 1999, any person claiming to be a producer of the goods for which a geographical indication is registered may apply.
2. Does the application for an authorised user get advertised under Section 17 of the 1999 Act?
Yes, under Section 17 of the Geographical Indications Act, 1999, the rules for advertisement and opposition that apply to the indication also apply to authorised users.
3. What must be included in the application under Section 17 of the Act?
Under Section 17 of the Geographical Indications Act, 1999, the application must include a statement, documents proving the applicant is a producer, and the required fee.
Test yourself
1.Under Section 17 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, what is the primary requirement for an applicant?
2.According to Section 17 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, which procedure applies to authorised user applications?
3.Under Section 17 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, what must the Registrar determine?
4.Under Section 17 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, what can the public do after an authorised user's application is advertised?