Rectification of register: tribunal-led correction of geographical indication validity suspends related suits and prosecutions pending resolution. The Act treats a certificate of registration as prima facie evidence of validity and provides that removal for non-payment does not permit competing registrations unless the tribunal finds lack of bona fide use or absence of likely confusion. The Appellate Board and Registrar may cancel, vary or rectify the register on applications by aggrieved persons or of their own motion, subject to prescribed procedure; rectification petitions and certain validity challenges must be brought to the Appellate Board, and courts must stay or adjourn infringement or prosecution proceedings to allow such applications. The Registrar may appear or submit written statements and the Board may grant certificates of validity and admit trade usage evidence.
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Provisions expressly mentioned in the judgment/order text.
Rectification of register: tribunal-led correction of geographical indication validity suspends related suits and prosecutions pending resolution.
The Act treats a certificate of registration as prima facie evidence of validity and provides that removal for non-payment does not permit competing registrations unless the tribunal finds lack of bona fide use or absence of likely confusion. The Appellate Board and Registrar may cancel, vary or rectify the register on applications by aggrieved persons or of their own motion, subject to prescribed procedure; rectification petitions and certain validity challenges must be brought to the Appellate Board, and courts must stay or adjourn infringement or prosecution proceedings to allow such applications. The Registrar may appear or submit written statements and the Board may grant certificates of validity and admit trade usage evidence.
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