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Section 50: Hearing and decision

The Geographical Indications of Goods (registration and Protection) Rules, 2002Central Rules · 1999

(1) Upon completion of the evidence (if any), the Registrar shall give notice to the parties of a date when he will hear the arguments in the case. Such notice shall be ordinarily given within three months of completion of the evidence. The date of hearing shall be for a date at least one month after the date of the first notice, unless the parties consent to a shorter notice. Within fourteen days from the receipt of the first notice, any party who intends to appear shall so notify the Registrar. Any party who does not so notify the Registrar within the time last aforesaid shall be treated as not desiring to be heard and the Registrar shall proceed ex-parte in the matter.

(2) If sufficient cause is shown, not more than two request for adjournment for one month each by either the opponent or the applicant to the proceeding may be considered by the Registrar on a request in Form GI-9 accompanied with the grounds for such request.

(3) If the applicant is not present at the adjourned date of hearing and has not notified his intention to appear at the hearing , the Registrar may treat the application as dismissed.

(4) If the opponent is not present at the adjourned date of hearing and has not notified his intention to appear at the hearing, the Registrar may treat the opposition as dismissed for want of prosecution and the application may proceed to registration.

(5) In every case of adjournment the Registrar shall fix a day for further hearing of the case and shall make such order as to cost occasioned by the adjournment or such higher costs as the Registrar deems fit.

(6) The fact that the agent or advocate on record of a party is engaged in another court, shall not be a ground for adjournment.

(7) Where illness of an advocate on record or agent or his inability to conduct the case for any reason is put forward as a ground for adjournment, the Tribunal shall not grant the adjournment unless it is satisfied that the advocate on record or agent, as the case may be, could not have engaged another agent or advocate in time.

(8) The Registrar shall take on record written arguments if submitted by a party to the proceeding.

(9) The Registrar shall have powers to limit time for oral arguments.

(10) The decision of the Registrar shall be notified to the parties in writing.

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Where this provision sits

ActThe Geographical Indications of Goods (registration and Protection) Rules, 2002
Section50
Marginal noteHearing and decision
JurisdictionCentral
StatusIn force as published by the source

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