Geographical indications of goods ( registration and protection ) Act, 1999 - Wikipedia Geographical indications of goods ( registration and protection ) Act, 1999 Geographical Indications of Goods ( Registration and Protection ) Act, 1999 An Act to provide for the registration and better protection of geographical indications relating to goods. Citation Act No. 48 of 1999 Enacted by Parliament of India Date assented to 30 December 1999 Date commenced 15 September 2003 Status : In force The Geographical Indications of Goods ( Registration and Protection ) Act, 1999 ( GI Act ) is a sui generis Act of the Parliament of India for protection of geographical indications in India. India, as a member of the World Trade Organization ( WTO ), enacted the Act to comply with the Agreement on Trade - Related Aspects of Intellectual Property Rights. The GI tag ensures that none other than those registered as authorised users ( or at least those residing inside the geographic territory ) are allowed to use the popular product name. Darjeeling tea became the first GI tagged product in India, in 2004 -- 05, since then 323 goods had been added to the list as of August 2018. Contents 1 Geographical indication 2 Registration process 3 Duration 4 Exclusions 5 Effect of registration and infringement 6 See also 7 References 8 External links Geographical indication Main article : Geographical indication According to section 2 ( 1 ) ( e ) of the Act, Geographical indication has been defined 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. '' Some of the registered geographical indications includes, agricultural goods like Darjeeling tea, Malabar Pepper, Bangalore Blue Grapes, manufactured goods like Pochampalli Ikat, Kancheepuram Silk, solapuri chadars Bagh Prints, Madhubani paintings etc. The complete list is available at List of Geographical Indications in India. Registration process An application for registration must be made before the Registrar of Geographical Indications by any association of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods. The application must be made in an appropriate form containing the nature, quality, reputation or other characteristics of which are due exclusively or essentially to the geographical environment, manufacturing process, natural and human factors, map of territory of production, appearance of geographical indication ( figurative or words ), list of producers, along with prescribed fees. The examiner will make a preliminary scrutiny for deficiencies, in case of deficiencies, the applicant have to remedy it within a period of one month from the date of communication. The Registrar may accept, partially accept or refuse the application. In case of refusal, the Registrar will give written grounds for non acceptance. The applicant must within two months file reply. In case of re-refusal, the applicant can make an appeal within one month of such decision. Registrar shall, within three months of acceptance may advertise the application in the GI Journal. If there is no opposition, the Registrar will grant a certificate of registration to the applicant and authorised users. Duration A GI is registered for an initial period of ten years, which may be renewed from time to time. Exclusions Under Section 9 of the Act, the following indications can not be registered : which would likely to deceive or cause confusion which would be contrary to any law for the time being in force ; or which comprises or contains scandalous or obscene matter ; or which comprise or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India ; or which would otherwise be disentitled to protection in a court ; or generic names falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be Effect of registration and infringement Registration of a GI gives its owner and the authorised users the exclusive right to use the indications on the good in which it is registered. Further, registration gives right to institution of suit against infringement and recovery of damages for such infringement. Infringement can be caused by use of the GI on such goods which indicates that such goods originate in such place other than its true place of origin or due to unfair competition. However, in case of non-registered GIs, a case of passing off can be instituted. Registration acts as a prima facie evidence of validity of the indication and ownership. The registration can not be transferred, mortgaged, assigned or licensed, except in case of inheritance of the mark upon death of an authorised user. Any person who falsely applies or falsifies any geographical indication, tampers the origin of a good, make or have in possession of dye, blocks, machines to use in falsification of GI may be punished shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakhs rupees. In case of second and for every subsequent offence, a person can be punished with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. However, the judge may under certain condition may reduce the sentence, and reasons for reduction of punishment must be written in the judgment. Other offences includes, falsely represent a GI to be registered, falsification of entries in register, falsely representing a place to be connected with GI Registry. See also List of Geographical Indications in India References Jump up ^ Dr. Sudhir Ravindran ; Arya Mathew ( 2009 ). `` The Protection of Geographical Indication in India -- Case Study on ' Darjeeling Tea ' '' ( PDF ). Property Rights Alliance. Retrieved 21 April 2013. Jump up ^ Section 1 ( 3 ) ( e ) of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ `` STATE WISE REGISTRATION DETAILS OF G.I APPLICATIONS 15th September, 2003 -- 31st March, 2013 '' ( PDF ). Geographical Indications Registry, Government of India. Retrieved 20 April 2013. Jump up ^ Section 11 ( 1 ) of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ Section 11 ( 2 ) of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ Section 11 ( 5 ) of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ Section 11 ( 6 ) & 11 ( 7 ) of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ Section 13 of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ Section 16 of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ Section 18 of Geographical Indications of Goods ( Registration and Protection ) Act, 1995 Jump up ^ Section 9 of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ Section 21 of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ Section 22 of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ Section 20 ( 2 ) of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ Section 23 of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ Section 24 of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Jump up ^ Section 39 of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 ^ Jump up to : Section 41 of Geographical Indications of Goods ( Registration and Protection ) Act, 1999 External links Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Geographical Indications Registry Indian legislation Constitution of India ( amendments ) Indian Penal Code Code of Criminal Procedure, 1973 Acts of the Parliament Ordinance In Force Consumer Real Estate ( Regulation and Development ) Act, 2016 Consumer Protection Act, 1986 Essential Commodities Act Essential Services Maintenance Act Corruption Benami Transactions ( Prohibition ) Act, 1988 Black Money ( Undisclosed Foreign Income and Assets ) and Imposition of Tax Act, 2015 Prevention of Corruption Act, 1988 The Lokpal and Lokayuktas Act, 2013 Mines and Minerals ( Development and Regulation ) Act, 1957 Prevention of Money Laundering Act, 2002 Whistle Blowers Protection Act, 2011 Criminal Armed Forces ( Special Powers ) Act Armed Forces Tribunal Act, 2007 Arms Act, 1959 Army Act, 1950 Criminal Law ( Amendment ) Act, 2013 Cigarettes and Other Tobacco Products Act Indian Evidence Act Juvenile Justice ( Care and Protection of Children ) Act, 2015 National Security Act ( India ) Protection of Women from Domestic Violence Act, 2005 Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities ) Act, 1989 Education Indian Institutes of Management Act, 2017 Institutes of Technology Act, 1961 National Institutes of Technology Act, 2007 Right of Children to Free and Compulsory Education Act, 2009 University Grants Commission Act, 1956 Environment Air ( Prevention and Control of Pollution ) Act Biological Diversity Act, 2002 CAMPA bill Environment Protection Act, 1986 Indian Forest Act, 1927 National Green Tribunal Act Prevention of Cruelty to Animals Act Protection of Plant Varieties and Farmers ' Rights Act, 2001 Wildlife Protection Act, 1972 Financial Aadhaar ( Targeted Delivery of Financial and other Subsidies, benefits and services ) Act, 2016 Banking Regulation Act, 1949 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act Depositories Act The Electricity Act, 2003 Expenditure Tax Act, 1987 Finance Act ( India ) Fiscal Responsibility and Budget Management Act, 2003 Foreign Contribution ( Regulation ) Act, 2010 Foreign Exchange Management Act Geographical Indications of Goods ( Registration and Protection ) Act, 1999 Government Securities Act, 2006 Indian Contract Act, 1872 Indian Stamp Act, 1899 Insolvency and Bankruptcy Code, 2016 Insurance Act, 1938 Negotiable Instruments Act, 1881 Securities Laws ( Amendment ) Act, 2014 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 The Competition Act, 2002 The High Denomination Bank Notes ( Demonetisation ) Act, 1978 The Income - tax Act, 1961 Transfer of Property Act 1882 Urban Land ( Ceiling and Regulation ) Act, 1976 Healthcare Central Council of Homoeopathy Act, 1973 Clinical Establishments ( Registration and Regulation ) Act, 2010 Dentist Act Drugs and Cosmetics Act, 1940 Drugs and Magic Remedies ( Objectionable Advertisements ) Act, 1954 Indian Medical Council Act Mental Health Act, 1987 Narcotic Drugs and Psychotropic Substances Act, 1985 Mental Health Care Act, 2017 Labour Bonded Labor System ( Abolition ) Act, 1976 Factories Act, 1948, India Industrial Disputes Act, 1947 Interstate Migrant Workmen Act 1979 Maternity Benefit ( Amendment ) Act, 2017 Minimum Wages Act 1948 National Rural Employment Guarantee Act, 2005 Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal ) Act, 2013 Unorganised Workers ' Social Security Act 2008 Personal Hindu Adoptions and Maintenance Act ( 1956 ) Majority Act ( India ) Hindu Minority and Guardianship Act Hindu Succession Act, 1956 Special Marriage Act, 1954 The Hindu Marriage Act, 1955 The Indian Christian Marriage Act, 1872 The Muslim Women ( Protection of Rights on Divorce ) Act 1986 Social Rights of Persons with Disabilities Act, 2016 Child Labour ( Prohibition and Regulation ) Act Indecent Representation of Women ( Prohibition ) Act National Food Security Act, 2013 Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 The Prohibition of Child Marriage Act, 2006 The Scheduled Tribes and Other Traditional Forest Dwellers ( Recognition of Forest Rights ) Act, 2006 Street Vendors Act, 2014 State Laws Anti-Superstition and Black Magic Act The Bombay Prohibition Act, 1949 Bombay Prohibition ( Gujarat Amendment ) 2009 Chhattisgarh Food Security Act, 2012 Maharashtra Control of Organised Crime Act The Gujarat Local Authorities Laws ( Amendment ) Bill, 2009 Puducherry Prevention of Anti-Social Activities Act State Reorganisation Andhra Pradesh Reorganisation Act, 2014 Bihar Reorganisation Act, 2000 Madhya Pradesh Reorganisation Act, 2000 Punjab Reorganisation Act, 1966 States Reorganisation Act, 1956 Uttar Pradesh Reorganisation Act, 2000 Terrorism Unlawful Activities ( Prevention ) Act Transport Aircraft Act Motor Vehicles Act, 1988 National Waterways Act, 2016 Inland Vessels Act Metro Railways Act, 1978 Metro Railway Act, 2002 Organisation / Body Chartered Accountants Act, 1949 Companies Act 2013 Gram Nyayalayas Act, 2008 Indian Trusts Act, 1882 Panchayats ( Extension to Scheduled Areas ) Act 1996 Reserve Bank of India Act, 1934 The Indian Partnership Act, 1932 Societies Registration Act, 1860 The Limited Liability Partnership Act, 2008 Repeal Repealing and Amending Act, 2015 Repealing and Amending ( Second ) Act, 2015 Repealing and Amending Act, 2016 Repealing and Amending Act, 2017 Repealing and Amending ( Second ) Act, 2017 Other All India Services Act, 1951 Delimitation Act Enemy Property Act, 1968 Information Technology Act, 2000 Nuclear Liability Act Official Secrets Act ( India ) Representation of the People Act, 1951 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Right to Information Act, 2005 State Emblem of India ( Prohibition of Improper Use ) Act, 2005 The Foreigners Act, 1946 Repealed Pre-Independence Age of Consent Act, 1891 Caste Disabilities Removal Act, 1850 Criminal Tribes Act Hindu Widows ' Remarriage Act, 1856 English Education Act 1835 Prevention of Seditious Meetings Act, 1907 Post-Independence Anti-Copying Act, 1992 Foreign Exchange Regulation Act Gift Tax Act, 1958 Illegal Migrants ( Determination by Tribunal ) Act, 1983 Interest Tax Act, 1974 Maintenance of Internal Security Act Prevention of Terrorism Act, 2002 Terrorist and Disruptive Activities ( Prevention ) Act The Gold ( Control ) Act, 1968 Wealth Tax Act, 1957 Bills Proposed Foreign Education Providers Bill, 2013 Geospatial Information Regulation Bill Gujarat Control of Organised Crime Act Marriage Laws Amendment Bill Road Transport and Safety Bill Uniform civil code Lapsed Judges Assets Bill Women 's Reservation Bill Retrieved from `` https://en.wikipedia.org/w/index.php?title=Geographical_Indications_of_Goods_(Registration_and_Protection)_Act,_1999&oldid=854747045 '' Categories : Acts of the Parliament of India 1999 Intellectual property legislation Indian intellectual property law Hidden categories : Use dmy dates from November 2013 Use Indian English from November 2013 All Wikipedia articles written in Indian English Talk Contents About Wikipedia Add links This page was last edited on 13 August 2018, at 14 : 11 ( UTC ). Text is available under the Creative Commons Attribution - ShareAlike License ; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia ® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. About Wikipedia

Question: india enacted the geographical indications of goods act 1999 in order to comply with
Answer: the Agreement on Trade-Related Aspects of Intellectual Property Rights