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

Kaveri Spices Producers' Association is registered as proprietor of a GI. A litigant in a suit to which the Registry is not a party seeks to summon a Registry officer with the original register, although the entries can be proved by a certified copy. What is the legal position?

The officer cannot be compelled to produce the original register or appear as a witness in proceedings to which he is not a party, where a certified copy can prove the contents, unless the court orders it for special cause. The Act protects Registry officers in this way.

  1. AThe officer must always attend with the original register on the litigant's request
  2. BThe officer is not compellable to produce the register or appear as a witness unless the court orders so for special causeCorrect
  3. CThe officer can be compelled only by the Central Government
  4. DThe officer is compellable only if the proprietor consents

Explanation

Section 70 says the Registrar or any Registry officer, in proceedings to which he is not a party, is not compellable to produce the register or a document provable by certified copy, or to appear as a witness to prove recorded matters, unless the court orders for special cause. Consent of the proprietor or the Government is irrelevant.

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