CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications
In an infringement suit over a registered GI, the defendant, Mehta Traders, pleads that the plaintiff's registration is invalid. No rectification proceedings are pending before the Registrar or the High Court, but the court finds the plea prima facie tenable. What must the court do under the Act?
The court must raise an issue on validity and adjourn the case for three months from framing it, so the defendant can apply to the High Court for rectification. Validity is decided only in rectification proceedings, not by the suit court itself.
- ARaise an issue on validity and adjourn the case for three months from the framing of the issue so that the party can apply to the High Court for rectificationCorrect
- BDismiss the suit at once because validity is challenged
- CDecide the validity of the registration itself in the suit without any rectification application
- DRefer the suit to the Registrar for a decision on invalidity within one month
Explanation
Under section 57(1)(b), where no rectification proceedings are pending and the plea is prima facie tenable, the court raises an issue and adjourns for three months from the framing of the issue to let the party apply to the High Court. Section 58 requires validity to be decided only on a rectification application, so the court cannot decide it within the suit.
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