GEOGRAPHICAL INDICATIONS OF GOODS (HOLDING INQUIRY AND APPEAL) RULES, 2024

[Mr. M. GOVINDARAJAN]

Geographical Indication

The expression ‘geographical indication’ is defined under Section 2(1)(e) of the Geographical indication of goods (Registration and Protection) Act, 1999 (‘Act’ for short) in relation to goods, as an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. Any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be.

Penalty for contraventions

The following sections of the Act provides penalty for contravention of the provisions under the Act-

• Section 38 – Falsifying and falsely applying geographical indications;
• Section 39 – Penalty for applying false geographical indications;
• Section 40 – Penalty for selling goods to which false geographical indications is applied;
• Section 41 – Enhanced penalty for second or subsequent conviction;
• Section 42 – Penalty for falsely representing a geographical indication as registered

Rules

The Central Government made the ‘Geographical Indications of Goods (Holding and Appeal) Rules, 2024, vide Notification No.GSR 504 (E), dated 16.08.2024 (‘Rules’ for short) for the purpose of filing complaint by the aggrieved person, holding enquiry on such complaints, appeal procedure against the decision.   These rules came into effect from 16.08.2024.  These rules contain 8 rules and 3 forms.

Complaint

Any person may file a complaint in Form-I through electronic means to the adjudicating officer regarding any contravention committed under sections 38, 39, 40, 41, and 42 of the Act.

Holding of inquiry

The procedure for holding the inquiry under these rules are as follows-

• Section 37A provides for the appointment of Adjudicating Officer to adjudicate the complaint filed under this Act.
• On receipt of complaint, the Adjudicating Officer shall issue a notice through electronic means to the person concerned indication the contraventions under the Act.
• The notice will require him to show cause within such period as may be specified in the notice (normally not less than 7 days from the date of service thereof will be given for filing reply) why an inquiry should not be held against him.
• 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.
• On the hearing date the Adjudicating Officer will explain the concerned person about the contraventions committed by him under the Act.
• 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.
• 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 SakshyaAdhiniyam, 2023.
• The adjudicating officer may require and enforce the attendance of any person acquainted with the facts and circumstances 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.
• If any person fails, neglects or refuses to appear 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.
• The Adjudicating Authority will consider the evidence put before him.
• If the Adjudicating Authority 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. 
• Every order made under shall be dated and signed by the adjudicating office.
•  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.
•  The adjudicating officer shall complete the proceeding within three months from the issuance of the notice to the opposite party.

Appeal

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.  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.  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.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.

Serving upon parties

All Communications under these rules shall be transmitted through electronic means only.  It shall be sufficient to show that the communication was properly addressed and transmitted through electronic means.

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.

Order and penalties

Every order under these rules, shall be dated, digitally signed, communicated to all the parties, and also uploaded on the official website of Intellectual Property India.All sums realized by way of penalties under these rules shall be credited to the Consolidated Fund of India.