Sections 23 and 24 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.
Section 23 makes the registration certificate prima facie evidence of validity in legal proceedings, admissible without further proof. Section 24 says a registered geographical indication cannot be assigned, transmitted, licensed, pledged or mortgaged, with one exception: on the death of an authorised user, his right devolves on his successor in title. Together they explain why a geographical indication is a collective, non-transferable asset, unlike a trade mark. If you are drafting group arrangements, a legal consultation can help you work within these limits.
In all legal proceedings relating to a geographical indication, the certificate of registration, being a copy of the entry in the register under the seal of the Registry, is prima facie evidence of validity and admissible without further proof or production of the original (section 23(1)). It does not affect rights of action for an unregistered indication (section 23(2)). Under section 24, no right to a registered geographical indication can be assigned, transmitted, licensed, pledged or mortgaged, except that on an authorised user's death his right devolves on his successor in title.
Section 23(1): the certificate as evidence
The principal text reads: "In all legal proceedings relating to a geographical indication, the certificate of registration granted in this regard by the Registrar under this Act, being a copy of the entry in the register under the seal of the Geographical Indications Registry, shall be prima facie evidence of the validity thereof and be admissible in all courts and before the Appellate Board without further proof or production of the original."
The 2021 amendment, and a point the text does not resolve
The Tribunals Reforms Act, 2021 directs that in section 23, "for the words 'and before the Appellate Board before which', the words 'before whom' shall be substituted". Before the Tribunals Reforms Act, 2021 the section referred to the Appellate Board. However, the words the amending Act tells us to replace ("and before the Appellate Board before which") do not appear in section 23(1) as printed in the principal text we consulted: the printed words are "and before the Appellate Board without further proof or production of the original". We therefore cannot show a clean, word-for-word reading of the amended sentence and do not invent one. What can be said with confidence is this: the Tribunals Reforms Act, 2021 omits the definition of "Appellate Board" from section 2(1) and replaces references to it elsewhere with "High Court", and the certificate remains admissible in all courts "without further proof or production of the original". We flag the mismatch for the reader.
What the sub-section gives
| Element | Text |
|---|---|
| Document | The certificate of registration granted by the Registrar |
| Character | "a copy of the entry in the register under the seal of the Geographical Indications Registry" |
| Weight | "prima facie evidence of the validity thereof" |
| Admissibility | In all courts, "without further proof or production of the original" |
| Scope | "In all legal proceedings relating to a geographical indication" |
"Prima facie" means the certificate is taken as proof of validity unless it is displaced. The sub-section does not say how it can be displaced, but the Act provides for challenges to validity through rectification under section 27 and through the matters in section 48 and following when invalidity is pleaded. The certificate's issue and seal are in section 16(2) and section 5(4). See Section 16.
Example. In a dispute over false use of "Riverbend", the Society produces its sealed certificate, a copy of the register entry. The court accepts it without requiring the original register to be brought, and takes it as prima facie evidence that the registration is valid. The other side may still challenge validity by the means the Act allows.
Section 23(2): unregistered indications
"Nothing in this section shall be deemed to be affect the right of action in respect of an unregistered geographical indication." The printed text says "to be affect", a slip for "to affect". The sub-section matches the saving in section 20(2) for passing off. See Section 20. It means the evidentiary rule in sub-section (1) takes nothing away from rights of action concerning an unregistered indication.
Section 24: no assignment or licensing
"Notwithstanding anything contained in any law for the time being in force, any right to a registered geographical indication shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement:"
Proviso: "Provided that on the death of an authorised user his right in a registered geographical indication shall devolve on his successor in title under the law for the time being in force."
| Prohibited | Text |
|---|---|
| Assignment | Transfer to another person |
| Transmission | Passing of the right by any means |
| Licensing | Permission to use granted by agreement |
| Pledge and mortgage | Security over the right |
| "Any such other agreement" | Catch-all for similar arrangements |
Points to note:
- The prohibition applies "notwithstanding anything contained in any law for the time being in force", so it overrides other laws.
- It covers "any right to a registered geographical indication", not only the exclusive right of use.
- The only exception is the proviso: devolution on death, and only for an authorised user. The text does not mention the death or dissolution of the registered proprietor.
- The proviso says devolution is "on his successor in title under the law for the time being in force". The text does not say what the successor must then do, such as seek registration, and this article does not add anything.
Why this matters
A geographical indication is a collective right tied to a place. Section 24 stops it from being sold or leased to a company that is not part of the producing community. For a new producer, the route is registration as an authorised user under section 17, not a licence. See Section 17.
Example. The cooperative proposes to license "Hilltop weave" to a city exporter for a royalty. Section 24 prohibits licensing of any right to the registered indication. The exporter could not obtain rights by agreement; whether it could qualify as a producer and register as an authorised user is a question under sections 2(1)(k) and 17.
What the sections do not say
- Section 23 does not say how validity can be rebutted.
- Section 23 does not state any fee for a certified copy.
- Section 24 does not say what happens to an agreement made in breach, though it says such rights "shall not be the subject matter" of it.
- Section 24 does not address the death of a registered proprietor, only that of an authorised user.
Need help structuring group arrangements?
Because rights cannot be licensed or mortgaged, the structure of who is registered matters. Our team can advise through a legal consultation.
Key takeaways
- The registration certificate, a sealed copy of the register entry, is prima facie evidence of validity and admissible without further proof or production of the original (section 23(1)).
- Section 23(2) preserves rights of action for unregistered indications.
- The Tribunals Reforms Act, 2021 directs a substitution in section 23, but the words it replaces do not appear in the printed text in that form.
- Section 24 bars assignment, transmission, licensing, pledge, mortgage or similar agreements; the right of a deceased authorised user devolves on his successor in title.
Read next
- Section 25: geographical indication as trade mark
- Section 22: infringement of registered geographical indications
- Authorised user of GI: registration and rights
Disclaimer: Based on the Geographical Indications of Goods (Registration and Protection) Act, 1999 read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the rules made under the Act. This article is general information, not legal advice; check the official text before acting.