8. Insertion of new sections 161A, 161B, 161c, 161D and 161E in the principal enactment

The following new sections are hereby inserted immediately after section 161 of the principal enactment and shall have effect as section 161A, 161B, 161C, 161D and 161E of that enactment:-

161A. Where, any geographical indication–

that does not comply with the definition of geographical indication as specified in section 160A;

the use of which is contrary to law, morality, religion, accepted customs or public order;

that is not or that ceases to be protected in the country of origin as a geographical indication, or which has fallen into disuse in such country;

that is identical with the term customary in common language as the common name of the relevant good;

that misleads or deceives the public as to the characteristics, nature, quality, place of origin and production process of the good or its use; or

which constitutes the name of a plant variety or an animal breed, shall not be registered under this Act.

Upon receipt of an application, the

Where the geographical indication intended to be registered is not admissible for registration in terms of section 161A, the

Any applicant whose application has been refused under subsection (3), may if not satisfied with the reasons specified by the

The Director-General may, upon receipt of such submissions, if he considers a hearing is necessary, inform the applicant of a date, time and place for the hearing of the matter relating to such submissions.

The Director-General may, after such hearing refuse to register such application or register the application as it is or subject to such conditions, amendments or limitations as to the mode or place of use of such geographical indication as the Director-General may consider appropriate.

Where the Director-General refuses to register any application or register an application subject to any conditions as specified in subsection (6), the Director-General shall if the applicant requests so, furnish the reasons for such refusal or conditional acceptance for registration.

Where the Director-General is of the opinion that the geographical indication sought to be registered is admissible under section 161A, he shall upon receipt of the fee as shall be prescribed for the publication of the application publish such application in the

The Director-General shall when publishing the application under subsection (1) set out the following:-

the name and address of the applicant;

the date of application;

the representation of the geographical indication;

the goods for which the geographical indication sought to be registered;

the summary of the specification and the map of the geographical area; and

if the applicant is resident outside

Where any person considers the geographical indication published under section 161C is inadmissible in terms of section 161A, such person may within a period of three months from the date of such publication send notice of opposition to the registration of the geographical indication so published, by post or by hand delivery to the Director-General in the prescribed form together with the prescribed fee. The person who gives the notice of opposition shall also specify the grounds on which such notice of opposition is made and shall submit necessary information and evidence to substantiate such grounds.

If any notice of opposition has not been received by the Director-General within the period as specified in subsection (1), the

Where any notice of opposition has been received by the Director-General in the prescribed form together with the prescribed fee and accompanied by the evidence or information to substantiate the grounds specified in such notice, within one month from the date of such notice, the Director-General shall serve a copy of such notice on the applicant and require him to make his observations on such grounds accompanied by evidence or information to support his application within three months from the date of receipt of such notice.

Upon receipt of the observation of the applicant, the Director-General shall after hearing the parties if he considers such hearing necessary, decide as expeditious as possible whether such geographical indication shall be registered or not. If the Director-General decides that it shall be registered, then the Director-General shall –

where no appeal is preferred under section 173 against his decision, upon the expiry of the period within which an appeal may be preferred against his decision; or

where an appeal is preferred under section 173 against his decision, upon the dismissal of such appeal, as the case may be, register such geographical indication subject to any conditions, requirements or to such amendments or modifications.

The registration of any geographical indication, unless it is cancelled earlier shall be valid for ten years from the date of application.

The registration of any geographical indication may be renewed by the owner of such geographical indication for consecutive periods of ten years each on making an application together with the prescribed fee for such renewal to the Director-General within six months prior to its expiration:

Renewal of registration shall not be subject to any further examination of the geographical indication by the Director-General or to opposition by any person.

The Director-General shall record in the register of the renewal of such geographical indication and cause it to be published in the

Where an application has not been sent for renewal along with the renewal fee by the applicant as specified in subsection (2), the