Section 50 of The Geographical Indications of Goods (Registration and Protection) Act, 1999
- (1)No court shall take cognizance of an offence under section 42 or section 43 or section 44 except on complaint in writing made by the Registrar or any officer authorised by him in writing: Provided that in relation to clause (b) of sub-section (1) of section 42, a court shall take a cognizance of an offence on the basis of a certificate issued by the Registrar to the effect that a registered geographical indication has been represented as registered in respect of any goods in respect of which it is not in fact registered.
- (2)No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try an offence under this Act.
- (3)The offences under section 39 or section 40 or section 41 shall be cognizable.
- (4)Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he satisfied that any of the offences referred to in sub-section (3) has been, is being, or is likely to be, committed, search and seize without warrant the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before the Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be: Provided that the police officer, before making any search and seizure, shall obtain the opinion of the Registrar on the facts involved in the offence relating to geographical indication and shall abide by the opinion so obtained.
- (5)Any person having an interest in any article seized under sub-section (4), may, within fifteen days of such seizure, make an application to the Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be, for such article being restored to him and the Magistrate, after hearing the application and the prosecution, shall make such order on the application as he may deem fit.
Summary
- This provision limits who can start a case for minor offences to the Registrar or their authorized officers.
- For certain cases of false registration claims, a court needs a special certificate from the Registrar to start the trial.
- Trials for these crimes must be held by a Metropolitan Magistrate or a Judicial Magistrate of the first class.
- Serious crimes, like applying false markings, are cognizable, meaning police can arrest a person without a warrant.
- A high ranking police officer, such as a Deputy Superintendent, has the power to search and seize goods without a warrant.
- The police must get and follow the Registrar's opinion on the facts before they search or seize anything.
- Anyone whose goods were seized can apply to a magistrate within fifteen days to get them back.
Practical examples
FAQ
1. What is the minimum rank of a police officer who can seize goods under Section 50 of the Geographical Indications of Goods (Registration and Protection) Act, 1999?
Under Section 50(4) of the Geographical Indications of Goods (Registration and Protection) Act, 1999, the officer must be a deputy superintendent of police or equivalent.
2. Whose opinion must the police get before a search under Section 50 of the Geographical Indications of Goods (Registration and Protection) Act, 1999?
According to Section 50(4) of the Geographical Indications of Goods (Registration and Protection) Act, 1999, the police officer must obtain and abide by the opinion of the Registrar.
3. How many days does a person have to apply for the return of seized articles under Section 50 of the Geographical Indications of Goods (Registration and Protection) Act, 1999?
Under Section 50(5) of the Geographical Indications of Goods (Registration and Protection) Act, 1999, an interested person has fifteen days from the date of seizure to make an application.
Test yourself
Q1.Under Section 50 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, which offences are considered cognizable?
Q2.What is the lowest court that can try an offence under Section 50 of the Geographical Indications of Goods (Registration and Protection) Act, 1999?
Q3.Under Section 50 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, what must a police officer do after seizing articles?
Q4.Under Section 50 and Section 49 of the Act, if a company commits an offence, which police officer can search their office without a warrant?