Section 18 of The Geographical Indications of Goods (Registration and Protection) Act, 1999 in hindi
Duration, renewal, removal and restoration of registration.
- (1)The registration of a geographical indication shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section.
- (2)The registration of an authorised user shall be for a period of ten years or for the period till the date on which the registration of the geographical indication in respect of which the authorised user is registered expires, whichever is earlier.
- (3)The Registrar shall, on application made in the prescribed manner, by the registered proprietor or by the authorised user and within the prescribed period and subject to the payment of the prescribed fee, renew the registration of the geographical indication or authorised user, as the case may be, for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be (which date is in this section referred to as the expiration of the last registration).
- (4)At the prescribed time before the expiration of the last registration of a geographical indication or the authorised user, as the case may be, the Registrar shall send notice in the prescribed manner to the registered proprietor or the authorised user, as the case may be, of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of time prescribed in that behalf those conditions have not been duly complied with, the Registrar may remove the geographical indication or the authorised user, as the case may be, from the register: Provided that the Registrar shall not remove the geographical indication or the authorised user, as the case may be, from the register, if an application is made in the prescribed form and the prescribed fee and surcharge is paid within six months from the expiration of the last registration of the geographical indication or the authorised user, as the case may be, and shall renew the registration of geographical indication or the authorised user, as the case may be, for a period of ten years under sub-section (3).
- (5)Where a geographical indication or authorised user, as the case may be, has been removed from the register for non-payment of the prescribed fee, the Registrar shall, after six months and within one year from the expiration of the last registration of the geographical indication or the authorised user, as the case may be, on receipt of an application in the prescribed form and on payment of the prescribed fee, if satisfied that it is just so to do, restore the geographical indication or the authorised user, as the case may be, to the register and renew registration of the geographical indication or authorised user, as the case may be, either generally or subject to such condition or limitation as he thinks fit to impose, for a period of ten years from the expiration of the last registration.
Summary
- The registration of a geographical indication is valid for an initial period of ten years.
- An authorised user's registration lasts for ten years or until the main geographical indication registration expires, whichever comes first.
- Registrations can be renewed for additional ten-year periods upon application and payment of fees.
- The Registrar is required to send a notice to the owner before the registration expires to remind them to renew.
- If a registration is removed for non-payment, the owner has a window between six months and one year after expiry to apply for restoration.
- A registration can be saved from removal if the renewal fee and a surcharge are paid within six months after the expiration date.
Practical examples
FAQ
1. How long does a registration last under Section 18 of the Geographical Indications Act?
Under Section 18 of the Geographical Indications Act, 1999, the registration of a geographical indication lasts for ten years.
2. What happens if the main GI expires while an authorised user is still registered under Section 18 of the 1999 Act?
Under Section 18 of the Geographical Indications Act, 1999, the authorised user's registration expires on the same date the registration of the geographical indication expires.
3. Can a removed registration be brought back under Section 18 of the Act?
Yes, under Section 18 of the Geographical Indications Act, 1999, a registration can be restored if an application is made between six months and one year after the expiration.
Test yourself
1.Under Section 18 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, what is the standard duration for a renewal?
2.According to Section 18 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, what is the maximum grace period to pay the renewal fee with a surcharge?
3.Under Section 18 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, when must the Registrar send a notice of expiration?
4.Under Section 18 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, an authorised user's registration expires at ten years or when the GI expires, whichever is: