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

In an infringement suit, the defendant, Sethi Exports, wants to challenge the plaintiff's GI registration as invalid and files a rectification application with the Registrar under section 27 instead of with the court. Which statement correctly reflects the Act?

In an infringement suit, validity of a registration is determined only on a rectification application made to the High Court, not to the Registrar, despite the general rectification provision. The Registrar may also refer an application already before him to the High Court.

  1. AValidity in such a suit is determined only on a rectification application made to the High Court and not to the RegistrarCorrect
  2. BThe Registrar alone decides validity whenever a suit is pending
  3. CEither the Registrar or the suit court may decide validity, at the defendant's option
  4. DThe application is valid only if it is made before the suit is filed

Explanation

Section 58(1) provides that, in an infringement suit, the issue of validity is determined only on a rectification application, which, notwithstanding section 27, must go to the High Court and not to the Registrar. Section 58(2) separately lets the Registrar refer an application already made to him to the High Court.

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