Geographical Indications of Goods (Registration and Protection) Act : Application for rectification of

Geographical Indications of Goods (Registration and Protection) Act,1999

Act No : 48

Section : Application for rectification of register to be made to AppellateBoard in certain cases.

58. Application for rectification of register to be made to Appellate Board in certain cases.-(1) Where in a suit for infringement of a registered geographical indication the validity of the registration of the geographical indication relating to plainti f is questioned by the defendant or where in any such suit the plaintiff questions the validity of the registration of the geographical indication relating to defendant, the issue as to the validity of the registration of the geographical indication conc rned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 27, such application shall be made to the Appellate Board and not to the Registrar. (2) Subject to the provisions of sub-section (1), where an application for rectification of the register is made to the Registrar under section 27, the Registrar may, if he thinks fit, refer the application at any stage of the proceedings to the Appellat Board.