Rules 45-49 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
After the opponent's evidence, rules 45 to 49 carry the evidence stage forward: the applicant's evidence (rule 45), the opponent's evidence strictly in reply (rule 46), a bar on further evidence unless the Registrar gives leave (rule 47), the treatment of exhibits (rule 48) and the need for attested translations of documents in other languages (rule 49).
The applicant has two months, plus up to one more on request, from receiving the opponent's affidavits or notice of no evidence, to leave its own affidavit evidence or say it relies on its counterstatement. The opponent then has one month, plus up to one more, to reply, strictly on matters in reply. No further evidence is allowed unless the Registrar grants leave (rule 47). Exhibits are exchanged on request or left for inspection, and documents in languages other than Hindi or English need an attested translation in duplicate.
Rule 45: evidence in support of the application
Rule 45(1) gives the applicant "two months or ... such further period not exceeding one months thereafter in the aggregate as the Registrar may on request allow", counted from receipt of "the copies of affidavits in support of opposition or of the intimation that the opponent does not desire to adduce any evidence in support of his opposition". The words "one months" are printed so; the sense is one month.
Within that time the applicant must do one of two things:
- leave with the Registrar "such evidence by way of affidavit as he desires to adduce in support of his application" and deliver copies to the opponent; or
- intimate to the Registrar and the opponent that he does not desire to adduce evidence but intends to rely on the facts stated in the counterstatement and or on the evidence already left by him in connection with the application.
If the applicant relies on evidence already left, he must still deliver copies to the opponent. Rule 45(2) says an application for extension of the one month "shall be made in Form GI-9 accompanied by prescribed fees before the expiry of the period of two months". The fee is entry 9C: Rs. 300 as per the First Schedule as substituted in November 2025.
Unlike rule 44, rule 45 does not state a consequence for the applicant who does nothing. The text is silent. The prudent course is to treat the two months as firm and to file either evidence or a written intimation, and parties in a contested file often take legal dispute resolution advice at this point.
The applicant's own evidence on use of the indication, the territory and the link between quality and origin is the same material that supported the application; the earlier steps are explained in our articles on statement of user and on the statement of case.
Rule 46: opponent's evidence in reply
"Within one month from the receipt by the opponent of the copies of the applicant's affidavit or within such further period not exceeding one month in the aggregate thereafter as the Registrar may on request on Form-GI 9 accompanied by the prescribed fee allow, the opponent may leave with the Registrar evidence by affidavit in reply and shall deliver to the applicant copies thereof. This evidence shall be confined to matters strictly in reply."
The word is "may": reply evidence is optional. But it is confined to matters strictly in reply to the applicant's evidence; an opponent cannot use this stage to bring new grounds or fill gaps in its own earlier evidence. Where a one month extension is wanted, the request is on Form GI-9 with the prescribed fee, again entry 9C.
Rule 47: no further evidence without leave
"No further evidence shall be left on either side, but in any proceedings before the Registrar, he may at any time, if he thinks fit, give leave to either the applicant or the opponent to leave any evidence upon such terms as to costs or otherwise as he may think fit."
The default is closure. The Registrar has a wide discretion, "at any time", and may attach terms as to costs or otherwise. A party asking for leave should say why the evidence was not filed in time and offer to meet any costs. Costs are explained in our article on costs in uncontested cases and the scale of costs.
Rule 48: exhibits
Where there are exhibits to affidavits filed in an opposition:
- a copy of the exhibit, or an impression of each exhibit, "shall be sent to the other party on his request and at his expense"; or
- if such copies or impressions cannot conveniently be furnished, the original "shall be left at the Registry in order that they may be open to inspection".
Original exhibits "shall be produced at the hearing unless the Registrar otherwise directs". For a handicraft or food GI, an exhibit may be a physical sample, a label or a bale of cloth, so the second route matters: leave the original at the Registry and expect to bring it to the hearing. The Registry's return and destruction of exhibits is dealt with later in the Rules; see our article on the time for appeal, exhibits and records.
Rule 49: translation of documents
Where a document in a language other than Hindi or English is referred to in the notice of opposition or any other proceedings before the Registrar, counter-statement or an affidavit filed in an opposition, "an attested translation thereof in English or Hindi shall be furnished in duplicate". Applicants and opponents who rely on old records in regional languages, such as gazetteers, trade ledgers or temple records, should arrange attested translations in advance. Rule 29 deals with translation of words in the indication or application itself, explained in our article on transliteration and translation.
| Rule | Subject | Period | Form and fee for extra time | If not done |
|---|---|---|---|---|
| 45 | Applicant's evidence or notice of reliance | Two months from receipt of opponent's affidavits or notice; plus up to one month | Form GI-9; entry 9C | Not stated in the rule |
| 46 | Opponent's evidence in reply | One month from receipt of applicant's affidavit; plus up to one month | Form GI-9; entry 9C | Not stated |
| 47 | Further evidence | Only by leave of the Registrar | Terms as to costs or otherwise | Not admitted |
| 48 | Exhibits | Copy on request at requester's expense, or original left for inspection | None | Originals produced at hearing |
| 49 | Translation | Attested translation in duplicate | None | Not stated |
Where this fits
The Act's provisions on evidence before the Registrar are in our article on sections 60 to 62 of the GI Act. The preceding stage is covered in our article on counterstatement and opponent's evidence, and the following stage in our article on hearing and decision.
A worked example
Coorg Coffee Planters' Society, an invented applicant, receives the opponent's affidavits on 2 September. It has until 2 November, extendable by one month on request on Form GI-9 before 2 November, to leave its own affidavit evidence. It leaves an affidavit with exhibits including price lists and a map, and delivers copies to the opponent. An old estate ledger in a regional language is exhibited with an attested English translation in duplicate. The opponent has one month from receipt of the affidavit to reply, strictly on matters in reply. All names are invented.
Need help with evidence in an opposition?
The evidence stage decides most contested GI matters. Our team helps parties collect, organise and file affidavit evidence within the periods; see our legal dispute resolution service for how a contested file is handled.
Key takeaways
- The applicant has two months (plus up to one on request) from receipt of the opponent's affidavits or notice to leave evidence or say it relies on its counterstatement (rule 45).
- The opponent may file evidence strictly in reply within one month (plus up to one) (rule 46).
- No further evidence without the Registrar's leave, on such terms as to costs as he thinks fit (rule 47).
- Exhibits: copies on request at the requester's expense, or originals left for inspection and produced at the hearing (rule 48).
- Documents in languages other than Hindi or English need an attested translation in duplicate (rule 49).
- Check for amendments after 3 November 2025.
Read next
- Rules 50-51: hearing, decision and security for costs
- Rules 43-44: counterstatement and evidence in support of opposition
- Sections 60-62 of the GI Act: powers of Registrar, discretion and evidence
Disclaimer: Based on the Geographical Indications of Goods (Registration and Protection) Rules, 2002 as notified on 8 March 2002 and as amended by the Amendment Rules of 2020 (G.S.R. 528(E)) and 2025 (G.S.R. 812(E)), as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.