CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Geographical Indications of Goods
A prosecution is pending against Rohan under the Act for an offence relating to a registered geographical indication. Rohan pleads that the registration is invalid, and the court finds the defence prima facie tenable. What must the court do under the Geographical Indications of Goods (Registration and Protection) Act, 1999?
The court should not proceed with the charge but must adjourn the proceeding for three months from the date the plea is recorded, enabling Rohan to apply to the High Court for rectification. If he applies in time, the prosecution is stayed until that application is disposed of.
- ADismiss the charge immediately without further steps
- BAdjourn the proceeding for three months from the date the plea is recorded so Rohan can apply to the High Court for rectificationCorrect
- CTransfer the case to the Registrar for final decision on the charge
- DProceed with the trial treating the registration as valid
Explanation
Section 48(1)(a) requires the court not to proceed with the charge but to adjourn for three months from the plea being recorded so the accused can apply to the High Court for rectification. If he applies in time, proceedings are stayed; if not, the court proceeds as if the registration were valid.
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