APPEALSCentral

Section 35 of The Geographical Indications of Goods (Registration and Protection) Act, 1999

(1)The Registrar shall have the right to appear and be heard--
1. (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;
2. (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--
  1. (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
  2. (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.

Summary

The Registrar has the legal right to show up and be heard in any court case involving changes to the official register.
If a legal question is raised about how the Geographical Indications Registry does its daily work, the Registrar can appear to explain it.
In appeals where the application was not opposed by others but refused by the Registrar, the Registrar has the right to appear.
The Registrar must appear in court if the Board or court specifically directs them to do so.
Instead of going in person, the Registrar can provide a signed written statement as evidence to explain their decision or office practices.
These written statements are treated as evidence in the court proceedings just like an in person appearance.

Practical examples

1A company tries to register a name that the Registrar thinks is too generic. When the company appeals to the High Court, the Registrar decides to appear in court on July 10, 2026, to explain why protecting that specific name would hurt the public interest.

2A judge is confused about why a certain certificate was issued late. Instead of traveling to the court, the Registrar writes and signs a detailed statement explaining the standard Registry procedure for certificates and sends it to the court as evidence.

FAQ

1. Does the Registrar have a right to be heard in High Court proceedings under Section 35 of the Geographical Indications Act?

Yes, under Section 35 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, the Registrar has the right to appear and be heard in proceedings involving register alterations or Registry practices.

2. Can the Registrar provide written evidence instead of appearing in person under Section 35 of the Geographical Indications Act?

Yes, under Section 35 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, the Registrar may submit a signed written statement giving particulars of the proceedings or grounds for a decision.

3. When is the Registrar's appearance considered necessary in the public interest under Section 35 of the Geographical Indications Act?

Under Section 35 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, the Registrar may appear in an appeal if he considers his presence necessary for the public interest, especially in opposed cases.

4. Is a written statement from the Registrar legally valid evidence under Section 35 of the Geographical Indications Act?

Yes, under Section 35 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, any such statement submitted by the Registrar shall be evidence in the proceeding.

Test yourself

Q1.Under Section 35 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, in which situation MUST the Registrar appear in court?

Q2.What can the Registrar submit instead of appearing in person under Section 35 of the Geographical Indications Act?

Q3.According to Section 35 of the Geographical Indications Act, the Registrar can appear in proceedings involving which of the following?

Q4.Under Section 35 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, a written statement from the Registrar can cover which of the following?

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