Geographical Indications Rules 2019
Table of Contents
Enacting Formula
Part 1 PRELIMINARY
1 Citation and commencement
2 Definitions
3 Fees
4 Filing of documents
5 Forms
6 Practice directions
7 (Deleted)
8 Signature on document
9 Service of documents
10 Providing address
11 Address for service
12 Agents
Part 2 REGISTRATION OF GEOGRAPHICAL INDICATION
Division 1 Application for registration
13 Application for registration
14 Representation of geographical indications
15 Transliteration
16 Deficiencies in application
17 Withdrawal of application
Division 2 Amendment of application
18 Amendment of application
18A Publication of and opposition to application for correction
19 Amendment of application after publication
20 Objection to amendment of application after publication
21 Counter-statement
22 Further procedure, etc.
23 Extension of time for filing notice of objection or counter‑statement
Division 3 Examination of application for registration
24 Examination
Division 4 Publication
25 Publication of application
Division 5 Registration of homonymous geographical indications
26 Registration of homonymous geographical indications and imposition of practical conditions
Division 6 Opposition to registration
27 Notice of opposition and supporting evidence
28 Contents of notice of opposition
29 Counter-statement and supporting evidence
30 Extension of time for filing notice of opposition and supporting evidence or counter‑statement and supporting evidence
31 Evidence in reply by opponent
32 Further evidence
33 Change of commencement date of period for filing evidence
34 Exhibits
35 Pre-hearing review
36 Opposition hearing
37 Registrar’s decision in opposition proceedings
38 Costs in uncontested oppositions
Division 7 Registration
39 Certificate of registration
Part 3 QUALIFICATION OF RIGHTS
40 Request for qualification of rights to be entered in register
41 Notice of opposition
42 Counter-statement
43 Extension of time for filing notice of opposition or counter‑statement
44 Rounds of evidence
45 Extension of time for filing of evidence
46 Application of evidence provisions
47 Application of opposition hearing provisions
Part 4 REGISTER
Division 1 Entry of particulars
48 Entry in register of particulars of registered geographical indication
Division 2 Rectification
49 Application for rectification
50 Notice of opposition
51 Counter-statement
52 Extension of time for filing notice of opposition or counter‑statement
53 Rounds of evidence
54 Extension of time for filing of evidence
55 Application of evidence provisions
56 Application of opposition hearing provisions
Division 3 Miscellaneous
57 Application to change name, address or other particulars appearing in register
58 Application to transfer registration of registered geographical indication
59 Certificate of validity of contested registration
60 Extract from register
60A Certifying document issued by Registrar
Part 5 RENEWAL OF REGISTRATION OF GEOGRAPHICAL INDICATION
61 Renewal of registration
62 Notice of renewal
63 Notice of non-compliance
64 Removal of geographical indication from register
Part 6 CANCELLATION
65 Application for cancellation
66 Notice of opposition
67 Counter-statement
68 Extension of time for filing notice of opposition or counter‑statement
69 Rounds of evidence
70 Extension of time for filing of evidence
71 Application of evidence provisions
72 Application of opposition hearing provisions
Part 7 EVIDENCE AND PROCEDURE
73 Registrar’s discretionary powers
74 Hearing before Registrar to be in public
75 Evidence in proceedings before Registrar
76 Statutory declarations
77 Notice of seal of officer taking declaration
Part 8 COSTS
78 Application for costs
79 Assessment of costs
80 Assessment proceedings
81 Scale of costs
82 Certificate of assessment
Part 9 EXTENSION OF TIME AND CONTINUED PROCESSING
83 Request for extension of time
83A Extension of time limits in special circumstances
84 Extension of time for other party to proceedings
85 Where non-compliance with time caused by act of employee in Registry
86 Application for registration of geographical indication entitled to continued processing in certain circumstances
Part 9A ELECTRONIC ONLINE SYSTEM
86A Establishment of electronic online system
86B Duty of person using electronic online system
Part 10 HOURS OF BUSINESS AND EXCLUDED DAYS
87 Hours of business and excluded days
88 Extension of period where interruption in postal service, etc.
Part 11 MISCELLANEOUS
89 Case management conference
90 Production of documents, information or evidence
91 Appeal
92 Irregularities
93 Amendment of application, notice or other document
94 Application to Court
95 Order of Court
96 Geographical Indications Journal