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CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications

A police officer of the rank of deputy superintendent suspects that goods are being sold in breach of a cognizable offence under the Act and wishes to search and seize them without a warrant. Which requirement applies under section 50?

The officer must first obtain the Registrar's opinion on the facts involved in the offence relating to the geographical indication and abide by it. Section 50(4) permits search and seizure without a warrant by an officer not below deputy superintendent, subject to this proviso.

  1. AHe must first obtain the opinion of the Registrar on the facts and abide by itCorrect
  2. BHe must first obtain a warrant from a Metropolitan Magistrate
  3. CHe must first obtain the consent of the authorised user
  4. DHe may act only after the adjudicating officer imposes a penalty

Explanation

Section 50(4) allows a police officer not below the rank of deputy superintendent to search and seize without warrant for offences under sections 39, 40 or 41, but the proviso requires him to obtain the Registrar's opinion on the facts and abide by it. A warrant is not needed, which rules out the second option.

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