CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications
Ratnagiri Growers sues Konkan Traders for infringement of its registered GI. Konkan 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 the framing of the issue, so that the concerned party can apply to the High Court for rectification. It cannot decide validity itself or dismiss the suit.
- ARaise an issue on validity and adjourn for three months so the party can apply to the High Court for rectificationCorrect
- BDecide the validity of the registration itself and proceed to judgment
- CDismiss the suit because validity has been questioned
- DRefer the defendant to the Registrar and adjourn for six months
Explanation
Under section 57(1)(b), where no rectification is pending and the invalidity plea is prima facie tenable, the court raises an issue and adjourns the case for three months from framing the issue so the party can apply to the High Court for rectification. The court does not decide validity itself, as section 58 requires it to be decided only on a rectification application.
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