Rules 98 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.
Rules 98 to 101 deal with the end of a proceeding: the appeal from the Registrar's decision, a note of a certificate of validity on the register, and what happens to exhibits and records afterwards. Rules 98 and 99 are written around the Intellectual Property Appellate Board, which no longer exists, so they must be read with care.
Rule 98 prints a three-month period from receipt of the Registrar's decision for appeal, and requires a copy of every application to the appellate forum to be served on the Registrar. Rule 99 lets a proprietor ask on Form GI-7 for a note of a certificate of validity to be added to the register. Rule 100 lets the Registrar ask a party to take back exhibits and, failing that, destroy them. Rule 101 lets him destroy records three years after withdrawal, abandonment, refusal or removal.
The Appellate Board caution
Rules 98 and 99 speak of "the Intellectual Property Appellate Board". The Board was abolished by the Tribunals Reforms Act, 2021, and appeals under section 31 of the Act now lie to the High Court. The Rules themselves have not been amended on this point. Read "High Court" where the rules say "Appellate Board", and do not treat the Board as a forum that exists. Our articles on section 31 of the GI Act and section 72 of the GI Act set out the position under the Act, and our article on the abolition of the Appellate Board under the Trade Marks Act explains what replaced it for trade marks.
Rule 98: time for appeal
Rule 98(1): "An appeal to the Intellectual Property Appellate Board from any decision of the Registrar under the Act or the rules shall be made within three months from the date of receipt of such decision or within such further time as the said Appellate Board may allow."
Rule 98(2): "A copy of every application to the said Intellectual Property Appellate Board under the Act or the rules shall be served on the Registrar."
Three points:
- Scope: any decision of the Registrar under the Act or the Rules.
- Period: three months from the date of receipt of the decision, with a further time if the appellate forum allows. Compare review under rule 92, where the month runs from the date of the decision; see our article on rule 92.
- Service on the Registrar: a copy of every application to the appellate forum goes to the Registrar.
Because the forum has changed, the period that applies in practice is for the High Court under section 31 and its rules. The text of rule 98 is silent on that. Anyone with a decision to challenge should take advice at once on the period and the forum; a legal dispute resolution practitioner can confirm the position from the Act and court rules. The sister Trade Marks Rules article on rules 125 to 129 deals with the parallel provisions for trade marks.
Rule 99: certificate of validity to be noted
Section 72 of the Act deals with the certificate of validity of a registered geographical indication. Rule 99: "Where the Intellectual Property Appellate Board has certified as provided in section 72 with regard to the validity of a registered geographical indication, the proprietor thereof may request the Registrar on Form GI-7 to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, particulars of which shall be given in the request. An officially certified copy of the certificate shall be sent with the request, and the Registrar shall record a note to that effect in the register and publish the note in the Journal."
| Element | Rule 99 |
|---|---|
| Who | The proprietor |
| Form | Form GI-7 |
| Content | Particulars of the proceedings in which the certificate was granted |
| Enclosure | An officially certified copy of the certificate |
| Registrar's duty | Record the note in the register and publish it in the Journal |
The fee is entry 7C of the First Schedule as substituted in November 2025: "on request for entry in the Register and advertisement of a note of certificate of validity of the Appellate Board ", Form GI-7, Rs. 200. The 2025 Schedule itself still speaks of the "Appellate Board" in entry 7C; we flag this as an unconformed reference and read it as the court or tribunal that now certifies under section 72. The rule gives no time limit for the request. The text is silent on that.
Rule 100: return of exhibits
Rule 100(1): "Where the exhibits produced in any matter or proceeding under the Act or the rules are no longer required in the Geographical Indications Registry, the Registrar may notify the party concerned to take back the exhibits within a time specified by him and if the party fails to do so, such exhibits shall be dealt with in the manner mentioned under sub-rule (2) below."
Rule 100(2): "Where any exhibits have been produced in any proceeding, the Registrar may, if satisfied that it is no longer necessary to retain them, cause them to be destroyed, after the expiration of six months from the notified date."
Producers should therefore keep track of exhibits such as samples, photographs or original documents. If the Registrar notifies a party to take them back, the time is the one he specifies; if the party does not, the exhibits go to rule 100(2), which allows destruction. The phrase "after the expiration of six months from the notified date" is unclear as printed: the "notified date" is the date the Act and Rules came into force (15 September 2003; see rule 1(2) and our article on section 1 of the GI Act). We report it as printed and do not interpret it further.
Rule 101: destruction of records
"Where an application for the registration of a geographical indication or an authorised user has been withdrawn abandoned or refused or the geographical indication or the authorised user has been removed from the register, the Registrar may, at the expiration of three years after the application is so withdrawn or is abandoned or is refused or after the geographical indication is removed from the register, as the case may be, destroy all or any of the records relating to the application for the geographical indication or the authorised user concerned."
| Event | Earliest destruction of records |
|---|---|
| Application withdrawn | Three years after withdrawal |
| Application abandoned | Three years after abandonment |
| Application refused | Three years after refusal |
| Indication or authorised user removed from the register | Three years after removal |
The power is permissive ("may"). It covers "all or any" of the records. A person who may need the record later, for example to bring a fresh application or a restoration, should obtain certified copies under rule 96 before the three years pass; see our article on rules 94 to 97.
An example
Sundara Ghee Makers' Association receives a Registrar's decision refusing its application, received on 12 June. Rule 98 as printed gives three months from receipt, so the Association's lawyers calendar 12 September for the appellate step, and confirm with a High Court practitioner the forum and period that apply now. The Association also has original sample jars as exhibits; the Registrar notifies it to take them back within one month, and it does. If the application stays refused, the records may be destroyed three years after the refusal, so the Association orders certified copies of its file before then.
What the rules do not say
- Rule 98 does not describe the High Court procedure.
- Rule 99 sets no time for the request.
- Rule 100 does not fix the time for taking back exhibits; the Registrar specifies it.
Amendments made after November 2025 should be checked before acting.
Need help with an appeal?
An appeal turns on the right forum and the right dates. Our legal dispute resolution team can read the Registrar's order, confirm the forum and period that apply today and prepare the appeal papers.
Key takeaways
- Rule 98 prints three months from receipt for appeal; the Intellectual Property Appellate Board has been abolished and appeals now lie to the High Court under section 31.
- A copy of every application to the appellate forum is served on the Registrar.
- Rule 99: the proprietor can ask on Form GI-7 to note a certificate of validity; entry 7C is Rs. 200 as per the First Schedule as substituted in November 2025.
- Rule 100: exhibits are returned if the Registrar notifies; otherwise they may be destroyed.
- Rule 101: records may be destroyed three years after withdrawal, abandonment, refusal or removal.
- Keep certified copies of files you may need later.
Read next
- Rules 94 to 97: inspection, certified copies and certificate for registration abroad
- Rule 92: review of the Registrar's decision
- Section 31 of the GI Act: appeals to the High Court
- Section 72 of the GI Act: certificate of validity
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.