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

In a GI infringement suit, the High Court has stayed the trial under section 57 pending rectification proceedings. The plaintiff, Nilgiri Tea Board, fears the defendant will keep selling the disputed goods during the stay and asks for an injunction and the appointment of a receiver. Which statement is correct?

The court can still make interlocutory orders during the stay, including an injunction, directing accounts, appointing a receiver or attaching property. Section 57(5) expressly preserves these powers, so the stay of the trial does not leave the plaintiff without interim protection.

  1. AThe court may still pass such interlocutory orders, including an injunction or appointing a receiver, during the stayCorrect
  2. BThe court has no power to pass any order until the stay ends
  3. COnly the Registrar may grant an injunction during the stay
  4. DThe court may grant an injunction but may not direct accounts to be kept or attach property

Explanation

Section 57(5) says that a stay of the suit does not preclude the court from making any interlocutory order, including orders granting an injunction, directing accounts to be kept, appointing a receiver or attaching property, during the stay. So the last option is wrong because accounts and attachment are expressly included.

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