Explain the Provision 39 of Geographic indications relating to penalty for false geographical indications.
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2023
Explain the Provision 39 of Geographic indications relating to penalty for false geographical indications.
Answer & Explanation:
According to Section 39 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 , any person who: Falsifies any geographical indication; or Falsely applies to goods any geographical indication; or Makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a geographical indication; or Applies to any goods to which an indication of the country or place in which they were made or produced or the name and the address of the manufacturer or person for whom the goods are manufactured is required to be applied under Section 71, a false indication of such country, place, name or address; or Tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under Section 71; or Causes any of the things above-mentioned in this Section to be done, shall unless he proves that he acted, without intent to defraud, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than ₹50,000 but which may extend to ₹2 lakh. It may be noted that the court may, for adequate and special reason to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than six months or a fine of less than ₹50,000.
Topics: Geographical Indications of Goods (Registration and Protection) Act, 1999
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