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

Darjeeling-based Himalaya Tea Growers sue Kiran Beverages for infringement of their registered GI. The suit is stayed under the Act because rectification proceedings are pending before the High Court. Himalaya Tea Growers now seeks an injunction against Kiran Beverages' continued use of the mark pending the stay. Which statement is correct?

The court may still grant interlocutory relief during the stay. The Act expressly preserves its power to order an injunction, direct accounts to be kept, appoint a receiver or attach property, so the stay of the suit does not bar such interim orders.

  1. AThe court may still make interlocutory orders such as an injunction, an account direction or appointment of a receiver during the stayCorrect
  2. BNo order of any kind can be made until the rectification proceedings end
  3. COnly an order for an account may be made, and not an injunction
  4. DThe court may grant an injunction only if the Registrar consents

Explanation

Section 57(5) says that a stay of the suit does not stop the court from making any interlocutory order, including an injunction, a direction to keep accounts, appointment of a receiver or attachment of property. The other options impose limits found nowhere in the section.

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