Section 72 of The Geographical Indications of Goods (Registration and Protection) Act, 1999
If in any legal proceedings for rectification of the register before the 1[High Court] a decision is on contest given in favour of the registered proprietor or, as the case may be, authorised user of the geographical indication on the issue as to the validity of the registration of the geographical indication or the authorised user, the 1[High Court] may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor or the authorised user, as the case may be, on obtaining a final order or judgment in his favour affirming validity of the registration of the geographical indication or the authorised user, as the case may be, shall unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client.
Summary
- The High Court can issue a certificate of validity if a geographical indication registration is challenged and upheld in court.
- This certificate is granted after a contested legal battle for rectification, which is the process of correcting or cleaning up the official register.
- If a proprietor or authorized user has this certificate, they get special protection in future legal cases about the same validity issue.
- In these later cases, if they win again, they are entitled to receive their full legal costs and expenses from the losing side.
- These costs are calculated as between a legal practitioner, meaning a lawyer, and their client, covering almost all actual spending.
- A court can choose not to award these full costs only if it records a sufficient reason for doing so in the final judgment.
Practical examples
FAQ
1. What does Section 72 of the Geographical Indications Act, 1999 say about legal costs?
Under Section 72 of the Geographical Indications Act, 1999, if a party has a certificate of validity and wins a subsequent case, they are entitled to their full costs and expenses unless the court directs otherwise for a specific reason.
2. Who can grant a certificate of validity under Section 72 of the Act?
Only the High Court has the power to grant a certificate of validity under Section 72 of the Geographical Indications Act, 1999, following a contested proceeding.
3. Does a certificate of validity under Section 72 of the Geographical Indications Act, 1999 apply to authorized users?
Yes, Section 72 of the Geographical Indications Act, 1999 allows the High Court to grant this certificate to either the registered proprietor or the authorized user of the indication.
Test yourself
Q1.Under Section 72 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, what is the primary benefit of holding a certificate of validity?
Q2.To obtain a certificate under Section 72 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, the decision must be given on what basis?
Q3.According to Section 72 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, which authority has the power to grant a certificate of validity?
Q4.If a final judgment is obtained in favor of a proprietor holding a Section 72 certificate under The Geographical Indications of Goods (Registration and Protection) Act, 1999, when might they NOT receive full costs?