31. Appeals to the 2
[High Court].—(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 2
[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 2
[High Court] that he had sufficient cause for not preferring the appeal within the
specified period.
1. Subs. by Act 33 of 2021, s. 22, for “APPEALS TO THE APPELLATE BOARD” (w.e.f. 4-4-2021).
2. Subs. by s. 22, ibid., for “Appellate Board” (w.e.f. 4-4-2021).
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32. [Bar of jurisdiction of courts, etc.]—Omitted by The Tribunals Reforms Act, 2021 (33 of 2021),
s. 22 (w.e.f. 4-4-2021).
33. [Procedure of the Appellate Board.]—Omitted by s. 22, ibid. (w.e.f. 4-4-2021).
34. Procedure for application for rectification, etc., before 2
[High Court].—(1) An application for
rectification of the register made to the 2
[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 2
[High Court] relating to a registered
geographical indication under this Act shall be communicated to the Registrar by the 2
[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.
35. Appearance of Registrar in legal proceedings.—(1) The Registrar shall have the right to appear
and be heard—
(a) in any legal proceedings before the 2
[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 2
[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.
36. [Costs of Registrar in proceedings before Appellate Board.]—Omitted by The Tribunal Reforms
Act 2021 (33 of 2021), s. 22 (w.e.f. 4-4-2021).