16 August 2024

The "Geographical Indications of Goods (Holding Inquiry and Appeal) Rules, 2024" are established to amend and supplement the Geographical Indications of Goods (Registration and Protection) Rules, 2002. These new rules outline the procedures for holding inquiries and appeals under the Geographical Indications Act of 1999.

Key Points:

1. Title and Commencement:

   • These rules are called the Geographical Indications of Goods (Holding Inquiry and Appeal) Rules, 2024, and they come into force on their publication date in the Official Gazette.

2. Definitions:

   • Act: Refers to the Geographical Indications of Goods (Registration and Protection) Act of 1999.
   • Adjudicating Officer: Person authorized to adjudicate under section 37A of the Act.
   • Appellant: Individual challenging an adjudicating officer’s order.
   • Appellate Authority: Officer authorized to hear appeals under section 37B of the Act.
   • Form: Refers to specific forms appended to these rules.

3. Filing Complaints:

   • Complaints regarding contraventions of the Act can be filed electronically using Form-I.

4. Inquiry Procedures:

   • The adjudicating officer will issue a notice to the accused, detailing the contravention and requiring a response.
   • If an inquiry is warranted, the officer will schedule a hearing and allow the accused to present their case and evidence.
   • The officer may also call witnesses and demand documents.
   • Failure to appear can lead to proceedings in the person's absence.
   • An order imposing a penalty will be issued if the contravention is confirmed, and the reasons for the decision will be documented.

5. Appeals:

   • Appeals against the adjudicating officer’s orders can be filed electronically using Form-III within sixty days, though late appeals may be accepted for valid reasons.
   • The appellate authority will issue a notice to the respondent and issue a reasoned decision, typically within sixty days.

6. Communications:

   • All communications under these rules will be conducted electronically.

7. Extensions:

   • The adjudicating officer or appellate authority may extend deadlines for reasons recorded in writing.

8. Orders and Penalties:

   • Orders will be digitally signed, communicated to all parties, and posted on the official Intellectual Property India website.
   • Penalty funds will be deposited into the Consolidated Fund of India.

These rules aim to streamline the process for addressing violations and handling appeals within the framework of the Geographical Indications Act.