The Geographical Indications of Goods (Registration and Protection) Act, 1999 — back to Table of Contents
Section 57. Stay of proceedings where the validity of registration of the geographical indication is questioned, etc.
In an infringement suit, if the defendant pleads invalidity of the plaintiff’s registration, the trial court must stay the suit where rectification proceedings on that registration are already pending before the Registrar or the High Court. If no such proceedings are pending but the court finds the invalidity plea prima facie tenable, it frames an issue on the point and adjourns for three months so the concerned party can apply to the High Court for rectification.
If that application is filed within the allowed time, the trial stays until the rectification proceeding is finally disposed of; if not, the invalidity issue is deemed abandoned and the suit proceeds on the remaining issues. The final rectification order binds the parties, and the court disposes of the suit in conformity with it on the validity issue. A stay under this section does not prevent the court from making interlocutory orders, including injunctions, orders for accounts, appointment of a receiver, or attachment of property, during the stay.
