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

The Geographical Indications Registry refuses an application filed by the Kullu Shawl Weavers' Association, and the order is communicated to the Association on 10 March. Under the Geographical Indications of Goods (Registration and Protection) Act, 1999, before which forum and within what period should it ordinarily prefer an appeal?

The Association should appeal to the High Court within three months from the date on which the Registrar's order is communicated to it. The Act has replaced the Appellate Board with the High Court, and time runs from communication, not from the date of the order.

  1. AThe High Court, within three months from the date the order is communicatedCorrect
  2. BThe Appellate Board, within three months from the date of the order
  3. CThe High Court, within one month from the date of the order
  4. DThe Central Government, within three months from the date the order is communicated

Explanation

Section 31 allows any person aggrieved by an order or decision of the Registrar to appeal to the High Court within three months from the date the order is communicated. The period runs from communication, not from the date of the order. The Appellate Board option is wrong because the Act now substitutes the High Court for it.

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