Section 57:
Stay of proceedings where the validity of registration of the geographical indication is questioned etc.
(1) Where in any suit for infringement of a geographical indication the defendant
pleads that registration of the geographical indication relating to plaintiff is invalid, the court trying the
suit (hereinafter referred to as the court), shall,--
(a) if any proceedings for rectification of the register to the geographical indication relating to
plaintiff or defendant are pending before the Registrar or the 1[High Court], stay the suit pending
the final disposal of such proceedings;
(b) if no such proceedings are pending and the court is satisfied that the plea regarding the
invalidity of the registration of the geographical indication relating to plaintiff or defendant is prima
facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the 1[High Court] for rectification of the register.
(2) If the party concerned proves to the court that he has made any such application as is referred to in
clause (b) of sub-section (1) within the time specified therein or within such extended time as the court
may for sufficient cause allow, the trial of the suit shall stand stayed until the final disposal of the
rectification proceedings.
(3) If no such application as aforesaid has been made within the time so specified or within such
extended time as the court may allow, the issue as to the validity of the registration of the geographical
indication concerned shall be deemed to have been abandoned and the court shall proceed with the suit in
regard to the other issues in the case.
(4) The final order made in any rectification proceedings referred to in sub-section (1) or
sub-section (2) shall be binding upon the parties and the court shall dispose of the suit conformably to
such order in so far as it relates to the issue as to the validity of the registration of the geographical
indication.
(5) The stay of a suit for the infringement of a geographical indication under this section shall not
preclude the court from making any interlocutory order (including any order granting an injunction,
directing account to be kept, appointing a receiver or attaching any property), during the period of the stay
of the suit.
Notes:
1. Subs. by Act 33 of 2021, s. 22, for “Appellate Board” (w.e.f. 4-4-2021).