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

A geographical indication was removed from the register for non-payment of the renewal fee. The last registration expired on 1 January. The proprietor applies for restoration on 1 September of the same year with the prescribed fee. What is the position under the Act?

The Registrar may restore the indication and renew it for ten years if satisfied it is just to do so, because the application falls after six months and within one year of expiration. Restoration is discretionary and may carry conditions, so it is not automatic.

  1. AThe Registrar may restore and renew it if satisfied that it is just to do so, since the application is after six months and within one year of expirationCorrect
  2. BThe Registrar must restore it automatically because the fee is paid
  3. CRestoration is impossible because six months have lapsed
  4. DRestoration is possible only by a fresh registration after two years

Explanation

Section 18(5) allows restoration after six months and within one year from expiration, on application and fee, if the Registrar is satisfied that it is just to do so, possibly with conditions. 1 September is eight months after expiry, so it falls in this window. Restoration is discretionary, not automatic.

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