The Government of Delhi has notified the Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2020. These Rules were notified on 26th August 2020 and came into effect from that same date.
The following are some of the key amendments:
Firstly, an application for registration of authorized user must be made to the Registrar in Form GI-3. This application must be accompanied by a statement of case detailing how the applicant claims to be the producer of the registered geographical indication.
Prior to this amendment, such an application was to be made jointly by the registered proprietor and the proposed authorized user. Furthermore, the Statement of Case had to be accompanied by an affidavit.
Secondly, a copy of the application must be forwarded to the registered proprietor of geographical indication and the same must be intimated to the Registrar. Prior to this Amendment, a copy of the letter of consent from the registered proprietor was to accompany the application. If there was no such consent, then a copy of the application was to be endorsed to the registered proprietor for information. The service of this copy was to be intimated to the Registrar by the proposed authorised user.
Moreover, where no notice of opposition is filed to an application advertised or re-advertised in the Journal within the specified time, the Registrar must enter the authorised user in Part B of the register. Similarly, where an opposition is filed but it is dismissed, the Registrar shall also enter the authorised user in the register. Further, a registration certificate with the seal of Geographical Indication Registry will be issued to such authorised user.
Before this Amendment, in cases of dismissal of opposition, the Registrar had to wait until the appeal period ended before making such entry. Moreover, the applicant was required to file a request for the issuance of a certificate of registration. Furthermore, the entry was made subject to the payment of prescribed fees. All of these provisions have been done away with.
Thirdly, an entry of an authorised user in the register no longer requires the inclusion of The priority date and the appropriate office of Geographical Indications Registry in relation to the geographical indication. Both these inclusions now stand omitted.
Fourthly, the Amendment does away with the need for an unmounted representation of the geographical indication to accompany a request for duplicate or further copies of the certificate of registration.
Fifthly, the Amendment makes changes to the fees that are payable as follows:
- An application for registration of an authorised user will be accompanied with fees reduced to Rs. 10. Prior to this Amendment, the amount stipulated was Rs. 500.
- The fees that were payable for the entry into Part B of the register, in cases of no opposition or dismissal of opposition, are no longer permissible. These fees were previously Rs, 100.
- The fees for the renewal of an authorised user have been reduced to Rs. 10. The fees charged previously were Rs. 1000
In keeping with these amendments, changes have also been made to the second schedule. For instance, the form for the request of issuance of a certificate of registration of an authorised user in cases of no opposition or dismissal of opposition is now omitted. Also, the entry number for the form of renewal of an authorised user has been changed from 3C to 3B. Moreover, in keeping with all these amendment Form GI 3 has also been revised.
