Section 63 of The Geographical Indications of Goods (Registration and Protection) Act, 1999
If a person who is a party to a proceeding under this Act (not being a proceeding before 1*** a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest.
Summary
- This section outlines what happens when a person involved in a proceeding dies while the case is still active.
- It applies to all proceedings under the Act except for those happening in a court.
- The Registrar can substitute a dead person with their successor in interest if there is satisfactory proof of the transfer of interest.
- If the Registrar believes the interests of the deceased are already well represented by other surviving parties, the case can continue without a substitute.
Practical examples
FAQ
1. What happens if someone dies during a GI case according to Section 63?
Under Section 63 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, the Registrar can either substitute their successor or let the case continue with surviving parties.
2. Does Section 63 of the Geographical Indications Act apply to cases in the District Court?
No, Section 63 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, explicitly excludes proceedings before a court.
3. Who decides if a successor can join a proceeding under Section 63?
The Registrar makes this decision under Section 63 of the Geographical Indications (Registration and Protection) Act, 1999, after receiving proof of the transfer of interest.
Test yourself
Q1.Under Section 63 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, whose approval is needed to substitute a successor in interest?
Q2.Section 63 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, does NOT apply to which type of proceeding?
Q3.According to Section 63 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, what must a successor provide to be substituted in a case?
Q4.Under Section 63 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, when can a proceeding continue WITHOUT substituting a new person for the deceased?