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Registration of homonymous geographical indications and imposition of practical conditions

Geographical Indications Rules 2019

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—(1) Where an application is made for the registration of a geographical indication that is a homonymous geographical indication in relation to an earlier geographical indication, the Registrar must, by notice in writing, require the applicant for the registration to consult with the applicant for registration or registrant (as the case may be) of the earlier geographical indication, on the possibility of agreement to the practical conditions to be imposed under section 42(2) of the Act differentiating the homonymous geographical indication from the earlier geographical indication. (2) The notice mentioned in paragraph (1) must be sent to both the applicant for registration of the homonymous geographical indication and the applicant for registration or registrant (as the case may be) of the earlier geographical indication (called in this rule the parties), and must specify —(a)the period within which the parties are to consult with each other;(b)the period within which the applicant is to carry out the step mentioned in paragraph (3); and(c)the period within which the parties are to carry out the steps mentioned in paragraph (4).(3) If the parties reach an agreement on the practical conditions to be imposed within the period specified under paragraph (2)(a), the applicant for registration of the homonymous geographical indication must, within the period specified under paragraph (2)(b), file with the Registrar a copy of the agreement, including the details of the practical conditions proposed by the parties.(4) If no agreement is reached between the parties on the practical conditions to be imposed within the period specified under paragraph (2)(a), each party must, within the period specified under paragraph (2)(c), file with the Registrar a submission — (a)containing that party’s proposal for the practical conditions to be imposed; and (b)identifying the areas for which an agreement could not be reached.(5) The Registrar must inform the parties in writing of the Registrar’s decision on the practical conditions to be imposed with the registration of their geographical indications.(6) If —(a)at the expiry of the period specified under paragraph (2)(b) for the carrying out of the step in paragraph (3); or (b)at the expiry of the period specified under paragraph (2)(c) for the carrying out of the step in paragraph (4), the applicant for registration of the homonymous geographical indication has not carried out the step applicable to the applicant, the application for registration of the homonymous geographical indication is treated as abandoned.

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