Geographical Indications of Goods Act, 1999
Chapter VII APPEALS
Corporate199988 sections9 chapters
Chapter VII APPEALS
31. Appeals to the High Court.
Statutory text
- (1) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made thereunder, may prefer an appeal to the 1[High Court] within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal.
- (2) No appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1): Provided that an appeal may be admitted after the expiry of the period specified therefore, if the appellant satisfies the 1[High Court] that he had sufficient cause for not preferring the appeal within the specified period. 2*****
Chapter VII APPEALS
32. Bar of jurisdiction of courts, etc.
Statutory text
Omitted by The Tribunals Reforms Act, 2021 (33 of 2021), s. 22 (w.e.f. 4-4-2021).
Chapter VII APPEALS
33. Procedure of the Appellate Board.
Statutory text
Omitted by s. 22, ibid. (w.e.f. 4-4-2021).
Chapter VII APPEALS
34. Procedure for application for rectification, etc., before High Court.
Statutory text
- (1) An application for rectification of the register made to the 1[High Court] under section 27 shall be in such form as may be prescribed.
- (2) A certified copy of every order or judgment of the 1[High Court] relating to a registered geographical indication under this Act shall be communicated to the Registrar by the 1[High Court] and the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order.
Chapter VII APPEALS
35. Appearance of Registrar in legal proceedings.
Statutory text
- (1) The Registrar shall have the right to appear and be heard--
- (a) in any legal proceedings before the 1[High Court] in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Geographical Indications Registry is raised;
- (b) in any appeal to the Board from an order of the Registrar on an application for registration of a geographical indication or authorised user--
- (i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or
- (ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board.
- (2) Unless the 1[High Court] otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the Geographical Indications Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.
Chapter VII APPEALS
36. Costs of Registrar in proceedings before Appellate Board.
Statutory text
Omitted by The Tribunal Reforms Act 2021 (33 of 2021), s. 22 (w.e.f. 4-4-2021).
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