58Application for rectification of register to be made to Appellate Board in certain cases
(1) Where in a suit for infringement of a registered geographical indication the validity of the registration of the geographical indication relating to plaintiff is questioned by the defendant or where in any such suit the plaintiff questions the validity of the registration of the geographical indication relating to defendant, the issue as to the validity of the registration of the geographical indication concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 27, such application shall be made to the Appellate Board and not to the Registrar.
(2) Subject to the provisions of sub-section (1), where an application for rectification of the register is made to the Registrar under section 27, the Registrar may, if he thinks fit, refer the application at any stage of the proceedings to the Appellate Board.
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- 55 Protection of action taken in good faith
- 56 Certain persons to be public servants
- 57 Stay of proceedings where the validity of registration of the geographical indication is questioned etc
- 58 Application for rectification of register to be made to Appellate Board in certain cases
- 59 Implied warranty on sale of indicated goods
- 60 Powers of Registrar
- 61 Exercise of discretionary power by Registrar
- 62 Evidence before Registrar
- 63 Death of party to a proceeding
- 64 Extension of time
- 65 Abandonment
- 66 Suit for infringement, etc., to be instituted before district court
- 67 Relief in suit for infringement or for passing off
- 68 Authorised user to be impleaded in certain proceedings
- 69 Evidence of entries in register, etc., and things done by the Registrar
- 70 Registrar and other officers not compellable to produce register, etc
- 71 Power to require goods to show indication of origin
- 72 Certificate of validity
- 73 Groundless threats of legal proceedings
- 74 Address for service
- 75 Trade usages, etc., to be taken into consideration
- 76 Agents
- 77 Indexes
- 78 Documents open to public inspection
- 79 Reports of Registrar to be placed before Parliament
- 80 Fees and surcharge
- 81 Savings in respect of certain matters in Chapter VIII
- 82 Declaration as to title of geographical indication not registrable under the Registration Act, 1908
- 83 Government to be bound
- 84 Special provisions relating to applications for registration from citizens of convention countries
- 85 Provision as to reciprocity
- 86 Powers of Central Government to remove difficulties
- 87 Power to make rules