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

In a legal proceeding before the High Court, the Registrar of Geographical Indications chooses not to appear in person. Unless the High Court otherwise directs, what may he do under Section 35(2), and what is the status of the result?

He may submit a written statement signed by him, giving particulars of the proceedings, grounds of his decision, Registry practice or other relevant matters. Under Section 35(2), that statement is evidence in the proceeding. It is evidence only and does not bind the court automatically.

  1. ASend a representative; the representative's view is merely advisory and not evidence
  2. BSubmit a signed written statement of particulars; the statement is evidence in the proceedingCorrect
  3. CRemain silent, because the Registrar cannot give any statement in court
  4. DFile a statement that binds the court on the issue without further proof

Explanation

Section 35(2) allows the Registrar, in lieu of appearing, to submit a statement in writing signed by him giving particulars of the proceedings before him, grounds of his decision, practice of the Registry or other relevant matters, and the statement is evidence in the proceeding. It is evidence, not a binding determination, and it is not merely advisory.

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