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

The Registrar of Geographical Indications refuses an application by Kanchi Weavers Association, and the order is communicated to its secretary on 10 March. The Association wishes to challenge the order. Under the Geographical Indications of Goods (Registration and Protection) Act, 1999, as it now stands, where should the appeal be filed and within what time?

The appeal lies to the High Court within three months from the date the Registrar's order is communicated to the aggrieved person. The reference to the Appellate Board was substituted by High Court from 4 April 2021, and time runs from communication of the order.

  1. ATo the High Court, within three months from the date the order is communicatedCorrect
  2. BTo the Appellate Board, within three months from the date of the order
  3. CTo the High Court, within one month from the date of the order
  4. DTo the Central Government, within three months from the date the order is communicated

Explanation

Section 31 allows any aggrieved person to appeal to the High Court within three months from the date the order is communicated to that person. The Appellate Board reference was replaced by High Court with effect from 4 April 2021. The option naming the Appellate Board uses the superseded forum, and the period runs from communication, not from the date of the order.

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