CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications
In an infringement suit, Darjeeling-based Himalaya Teas Ltd. produces a copy of an entry in the Register of Geographical Indications, certified by the Registrar and sealed with the seal of the Geographical Indications Registry. The defendant demands that the original register be produced first. What is the effect of the certified copy?
A copy of a register entry certified by the Registrar and bearing the Registry's seal is admitted in evidence in all courts and proceedings without further proof or production of the original. The defendant therefore cannot insist on producing the original register.
- AIt is inadmissible until the original is produced
- BIt is admitted in evidence in all courts and proceedings without further proof or production of the originalCorrect
- CIt is admissible only before the Registrar
- DIt is admissible only if the defendant consents
Explanation
Section 69(1) states that a copy of an entry certified by the Registrar and sealed with the Registry seal is admitted in evidence in all courts and proceedings without further proof or production of the original. The defendant's demand therefore fails.
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