The Geographical Indications of Goods (Registration and Protection) Act, 1999 — back to Table of Contents
Section 48. Procedure where invalidity of registration is pleaded by the accused
Where a person charged under sections 39, 40 or 41 in relation to a registered geographical indication pleads that the registration is invalid, the trial court, if satisfied the defence is prima facie tenable, must not proceed with the charge and instead adjourns for three months to let the accused apply to the High Court for rectification of the register. If the accused files that application within the allowed time, the prosecution stands stayed until the rectification proceeding is decided. If the accused fails to apply within the period (or any extension the court allows), the court proceeds with the case treating the registration as valid.
Where a rectification application concerning the geographical indication in question was already properly pending before the Registrar or the High Court before the complaint was filed, the court stays the prosecution until that application is disposed of, and then decides the charge in conformity with the rectification outcome, insofar as the complainant relies on the registration.
