Economic, Commercial and Intellectual Property Laws · Law relating to Geographical Indications of Goods

Appeals and Intellectual Property Appellate Board under the GI Act 1999

Updated 11 October 2026 · Fact-checked

Under the GI Act, 1999, a person aggrieved by the Registrar's order appeals to the High Court within three months of communication (Section 31). Rectification of the register is sought from the Registrar or the High Court (Section 27). The Appellate Board was replaced by the High Court from 4 April 2021.

Understand Appeals and Intellectual Property Appellate Board

A GI is registered by the Registrar of Geographical Indications. The Controller-General of Patents, Designs and Trade Marks holds that office (Section 3). The Registrar can make mistakes, and a register can carry entries that should not be there. The Act therefore gives you two remedies: an appeal and a rectification application.

An appeal attacks an order or decision of the Registrar. Section 31(1) lets any person aggrieved by such an order appeal to the High Court within three months from the date the order is communicated to that person. The clock runs from communication, not from the date the order was passed.

Rectification attacks the register itself. Under Section 27 a person aggrieved can apply to the High Court or to the Registrar to cancel or vary a registration for contravention of, or failure to observe, a condition entered on the register. The same person can also seek to make, expunge or vary an entry that is missing, made without sufficient cause, wrongly remaining, or erroneous.

Older books say the appeal went to the Appellate Board (the Intellectual Property Appellate Board). The Act now reads "High Court" in its place, with effect from 4 April 2021, by Act 33 of 2021. In your answer, say that the Board's functions now lie with the High Court.

The High Court also matters in suits and prosecutions. If invalidity of a registration is pleaded in an infringement suit, the validity is decided only on a rectification application made to the High Court (Section 58). The civil court stays or adjourns the suit under Section 57, and the criminal court follows Section 48.

Key rules to remember

Appeal against Registrar (Section 31): Aggrieved person → High Court, within 3 months of communication of the order; Late appeal admitted only if sufficient cause is shown to the High Court.
Rectification (Section 27): Application to High Court or Registrar by any person aggrieved; also on the forum's own motion after notice and hearing; Grounds: contravention or non-observance of a condition, missing entry, entry without sufficient cause, wrongly remaining entry, error or defect.
Invalidity pleaded in infringement suit (Section 58(1)): Validity decided only on rectification application to the High Court, not the Registrar; Section 58(2): the Registrar may refer a pending application to the High Court at any stage.
Stay of suit (Section 57): Rectification pending → stay suit; none pending but plea prima facie tenable → frame issue, adjourn 3 months; If no application is made in time, the issue is deemed abandoned. Interlocutory orders such as injunctions are still possible during a stay.
Criminal case (Section 48): Plea of invalidity prima facie tenable → adjourn 3 months for the accused to apply to the High Court; If the application is made, the prosecution stays; if not, the court proceeds as if the registration were valid.
Giving effect to orders (Sections 27(5) and 34(2)): High Court order communicated or served on Registrar → Registrar rectifies the register; Section 34(1): the rectification application to the High Court is in the prescribed form.
Appeal against adjudicating officer (Section 37B): Appeal to appellate authority (officer at least one rank above) within 60 days; disposal within 60 days of filing; Non-compliance within 90 days of the order attracts, in addition to the penalty, a fine of ₹1,00,000 or imprisonment up to one year, or both.

How to solve Appeals and Intellectual Property Appellate Board questions

Use this method for any question on appeals or rectification under the GI Act.

1Identify the order or entry challenged: a Registrar's decision, an entry on the register, or an order of the adjudicating officer under Section 37A.
2Choose the remedy: appeal (Section 31) for an order, rectification (Section 27) for the register, or Section 37B appeal for adjudicating officer orders.
3Name the forum: the High Court for appeals; the Registrar or the High Court for rectification, unless Section 58 sends it only to the High Court.
4Check the time limit: three months from communication for Section 31; sixty days from receipt for Section 37B.
5Test for delay: apply the sufficient cause proviso (Section 31(2)) or Section 37B(3).
6Add court interaction if there is a suit or prosecution: Section 57, 58 or 48.
7State who gives effect to the order: the Registrar rectifies after notice from the High Court.
8Write a one-line conclusion that applies the rule to the facts.

Quickest way: Order, forum, time, effect

When to use it: Use this for short-answer or case-based questions when time is tight.

Order or register? Order means appeal; register means rectification.
Forum: High Court (Registrar also for rectification).
Time: 3 months from communication (60 days for Section 37B).
Delay: sufficient cause.
Effect: Registrar amends the register as directed.

Common mistakes in Appeals and Intellectual Property Appellate Board

Naming the Appellate Board as the appeal forum.
Older notes and books still use the IPAB.
Fix: Write High Court and mention that it replaced the Board from 4 April 2021.
Counting three months from the date of the order.
Students assume limitation runs from the order date.
Fix: Section 31(1) counts from the date the order is communicated to the appellant.
Saying a late appeal is always barred.
Only the main rule of Section 31(2) is remembered.
Fix: Add the proviso: the High Court may admit it if sufficient cause is shown.
Letting the Registrar decide validity when it is raised in an infringement suit.
Section 27 allows the Registrar, so students stop there.
Fix: Section 58(1) overrides Section 27 in that situation: the application goes only to the High Court.
Mixing the three-month adjournment in Sections 57 and 48 with the appeal limit.
Both use three months.
Fix: The adjournment is the time to file a rectification application; the appeal limit is under Section 31.
Treating Section 37B as an appeal to the High Court.
All appeals under the Act are assumed to go to the same forum.
Fix: Section 37B appeals go to an officer at least one rank above the adjudicating officer, within 60 days.

Worked examples

Example 1

The Registrar refuses an application for registration of a GI. The order is communicated to the applicant on 10 January. The applicant files an appeal on 20 May. Is the appeal maintainable? Advise.

Show the solution

Provision: Section 31(1) allows an appeal to the High Court within three months from communication of the order.
Facts: communication was on 10 January. Three months end on 10 April.
The appeal on 20 May is about forty days late.
Under Section 31(2) it cannot be admitted after the period unless the appellant shows sufficient cause to the High Court.
So the appeal is not maintainable as of right, but the High Court may admit it if sufficient cause is proved.

Answer: The appeal is out of time. It can be admitted only if the applicant satisfies the High Court that there was sufficient cause for the delay.

Example 2

In a suit for infringement of a registered GI, the defendant pleads that the plaintiff's registration is invalid. No rectification proceeding is pending. The court finds the plea prima facie tenable. Explain what happens.

Show the solution

Provision: Section 57(1)(b) applies, because no rectification proceedings are pending.
The court raises an issue on invalidity and adjourns the case for three months from the framing of the issue.
The purpose is to let the party apply to the High Court for rectification of the register. Under Section 58(1), the validity is decided only on a rectification application to the High Court, not the Registrar.
If the party proves an application was made within the time or extended time, the trial stays until the final disposal of the rectification (Section 57(2)).
If no application is made, the issue is deemed abandoned and the court proceeds on the other issues (Section 57(3)).
The final rectification order binds the parties (Section 57(4)). The court may still pass interlocutory orders such as an injunction during the stay (Section 57(5)).

Answer: The court frames an issue and adjourns for three months. If the defendant applies to the High Court in time, the suit is stayed until the rectification is decided; if not, the invalidity plea is deemed abandoned and the suit proceeds.

Exam tips

Write High Court, and add the 4 April 2021 substitution for the Appellate Board. It shows you know the current law.
Cite Section 31 for appeals, Section 27 for rectification, Section 58 for suits, and Section 37B for adjudicating officer appeals.
In case problems, compute the three-month period from communication before deciding.
Use the ICSI pattern: provision, facts, conclusion.
Learn Sections 57 and 48 as a pair: both give three months to apply for rectification, one in a civil suit and one in a prosecution.

Practice questions from Law relating to Geographical Indications of Goods

Appeals and Intellectual Property Appellate Board in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Appeals and Intellectual Property Appellate Board: frequently asked questions

Where do I appeal against the Registrar's order under the GI Act?

You appeal to the High Court under Section 31(1). The period is three months from the date the order is communicated to you. A late appeal may be admitted for sufficient cause.

Does the Appellate Board still hear GI appeals?

No. The Act now says High Court in place of Appellate Board, with effect from 4 April 2021, by Act 33 of 2021. Old notes that name the Board are out of date.

Who can apply for rectification of the GI register?

Any person aggrieved can apply to the Registrar or the High Court under Section 27. The forum can also act on its own motion after giving notice and a hearing.

Can the Registrar appear before the High Court?

Yes. Section 35 gives the Registrar the right to appear and be heard in proceedings seeking alteration or rectification of the register, or raising a question on Registry practice. In place of appearing, the Registrar may submit a signed written statement, which is evidence in the proceeding.