Geographical Indication Opposition in India
Geographical Indication Opposition in India comprises of the following steps:
- After advertisement or re-advertisement of the geographical indication (GI), a GI can be opposed by any person within three months from the date on which the GI was advertised or readvertised. This period may be extended by a period, not exceeding one month, by making an application to the Registrar along with the prescribed fee. Such an application for extension shall be filed before the expiry of the period of three months.
- The opposition to GI can be filed with the Registrar in the prescribed manner alongwith the prescribed fee. The Notice of Opposition shall be filed only before the Registrar of Geographical Indications at Chennai.
- Thereafter, the Registrar will serve a copy of the notice on the applicant for registration and the applicant shall file a counter-statement against the notice of opposition within two months from the date on which the notice was received by the applicant. In the counter-statement, the Applicant has shall mention the grounds on which he relies for his application. If the applicant files no counter statement, then his application shall be deemed to have been abandoned.
- On receipt of counter-statement, the Registrar shall serve a copy of the counter statement on the opponent.
- Thereafter, the opponent and the applicant shall file evidence (if any) upon they rely in the prescribed manner to the Registrar. The Registrar shall give an opportunity of being heard to the parties, if they so desire.
- Pursuant to hearing the parties, the Registrar shall consider the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted.
Where no Notice of Opposition is filed to an application for the registration of a geographical indication advertised or re-advertised in the Journal within the period specified or where an opposition is filed and it is dismissed and the appeal period is over, the Registrar shall, enter the geographical indication in Part A of the Register on receipt of a request.
Geographical Indication Rights in India
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