CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications
In an infringement suit, Defendant D pleaded invalidity of the plaintiff's GI and the court adjourned the case for three months to allow a rectification application. D files no application within that time and obtains no extension. What is the legal consequence?
The issue of validity is deemed abandoned, and the court proceeds with the suit on the remaining issues. A stay arises only if the party proves that a rectification application was made within the time given or any extension allowed.
- AThe issue of validity is deemed abandoned and the court proceeds with the other issuesCorrect
- BThe suit is stayed indefinitely until the Registrar acts
- CThe registration is automatically cancelled
- DThe court must decide the validity issue on the evidence already led
Explanation
Section 57(3) provides that if no rectification application is made within the specified time or any extended time allowed by the court, the validity issue is deemed abandoned and the court proceeds with the other issues. The stay under section 57(2) arises only if an application has been made, so the stay option is wrong.
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