Sections 57 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.
When a defendant in an infringement suit says the plaintiff's registration is invalid, sections 57 and 58 decide what happens next. The court either stays the suit because rectification proceedings are already pending, or, if the plea is prima facie tenable, frames an issue and gives three months for the party to apply to the High Court. Validity is then decided only on a rectification application, and the suit follows its result. If a validity challenge has been raised in your suit, our legal dispute resolution team can help you plan the application and keep the interim relief alive.
If rectification proceedings are already pending, the suit is stayed. If none are pending and the validity plea is prima facie tenable, the court raises an issue and adjourns for three months so the party can apply to the High Court. If the application is made in time, the trial stays until it is finally disposed of; if not, the validity issue is deemed abandoned. The final rectification order binds the parties, and the court may still pass interlocutory orders during the stay. Under section 58, validity is decided only on a rectification application, made to the High Court and not the Registrar.
Amendments by the Tribunals Reforms Act, 2021
Section 22(k) of the Tribunals Reforms Act, 2021 provides that in sections 57 and 58 "for the words 'Appellate Board', wherever they occur, the words 'High Court' shall be substituted". Before the Tribunals Reforms Act, 2021 these sections referred to the Appellate Board (in section 57(1)(a), 57(1)(b) and 58(1) and (2)). The text below is the current wording. The Jan Vishwas (Amendment of Provisions) Act, 2023 does not touch either section.
Section 57: stay of proceedings where validity is questioned
Sub-section (1): two situations
Where in any suit for infringement of a geographical indication the defendant pleads that registration of the geographical indication relating to the plaintiff is invalid, the court trying the suit shall:
| Clause | Situation | What the court does |
|---|---|---|
| (a) | Proceedings for rectification of the register relating to the plaintiff's or defendant's indication are pending before the Registrar or the High Court | Stays the suit pending final disposal of those proceedings |
| (b) | No such proceedings are pending, and the court is satisfied that the plea of invalidity (of the plaintiff's or defendant's indication) is prima facie tenable | Raises an issue and adjourns the case for three months from the date of framing the issue, so the party concerned can apply to the High Court for rectification |
Under clause (a) the stay is mandatory ("shall"). Under clause (b) the court must first be satisfied that the plea is prima facie tenable. The three months run from the date of the framing of the issue. Compare section 48 in the criminal context, where the period runs from the recording of the plea; that is explained in the article on sections 47 and 48.
Sub-section (2): application made in time
"If the party concerned proves to the court that he has made any such application as is referred to in clause (b) of sub-section (1) within the time specified therein or within such extended time as the court may for sufficient cause allow, the trial of the suit shall stand stayed until the final disposal of the rectification proceedings."
The party must prove to the court that he applied. The time is three months, extendable by the court "for sufficient cause".
Sub-section (3): no application made
"If no such application as aforesaid has been made within the time so specified or within such extended time as the court may allow, the issue as to the validity of the registration of the geographical indication concerned shall be deemed to have been abandoned and the court shall proceed with the suit in regard to the other issues in the case."
The party loses the validity point but the suit goes on.
Sub-section (4): the rectification order binds
"The final order made in any rectification proceedings referred to in sub-section (1) or sub-section (2) shall be binding upon the parties and the court shall dispose of the suit conformably to such order in so far as it relates to the issue as to the validity of the registration."
Sub-section (5): interim orders continue
"The stay of a suit for the infringement of a geographical indication under this section shall not preclude the court from making any interlocutory order (including any order granting an injunction, directing account to be kept, appointing a receiver or attaching any property), during the period of the stay of the suit."
A stay of the trial does not suspend the plaintiff's protection. The court may still grant an injunction, order accounts, appoint a receiver or attach property. Interim reliefs in infringement suits are discussed in the article on section 67.
Section 58: rectification application goes to the High Court
Sub-section (1)
"Where in a suit for infringement of a registered geographical indication the validity of the registration of the geographical indication relating to plaintiff is questioned by the defendant or where in any such suit the plaintiff questions the validity of the registration of the geographical indication relating to defendant, the issue as to the validity of the registration of the geographical indication concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 27, such application shall be made to the High Court and not to the Registrar."
Key points:
- Either party can raise it: the defendant questioning the plaintiff's registration, or the plaintiff questioning the defendant's.
- The suit court does not decide validity itself. It is determined "only on an application for the rectification of the register".
- Section 27 would ordinarily allow an application to the Registrar. In these cases, "notwithstanding" section 27, the application goes to the High Court. Section 27 is explained in the article on section 27.
Sub-section (2)
"Subject to the provisions of sub-section (1), where an application for rectification of the register is made to the Registrar under section 27, the Registrar may, if he thinks fit, refer the application at any stage of the proceedings to the High Court."
So where an application has properly been made to the Registrar, outside the circumstances of sub-section (1), the Registrar may send it up to the High Court at any stage.
How the sections fit together
| Stage | Provision | Result |
|---|---|---|
| Defendant pleads invalidity | s.57(1) | Court looks for pending rectification |
| Rectification pending | s.57(1)(a) | Suit stayed |
| None pending; plea prima facie tenable | s.57(1)(b) | Issue framed; three months |
| Application proved in time | s.57(2) | Trial stayed to final disposal |
| No application in time | s.57(3) | Issue deemed abandoned; suit proceeds |
| Final order | s.57(4) | Binding; suit disposed of in line |
| During stay | s.57(5) | Interlocutory orders possible |
| Forum for the application | s.58(1) | High Court, not Registrar |
Example
Shah Spices sues Dev Foods for using an invented mountain-pepper indication. Dev Foods pleads that Shah Spices' registration is invalid. No rectification is pending. The court finds the plea prima facie tenable, frames an issue and adjourns for three months. Dev Foods applies to the High Court within that time and proves it. The trial stays. Meanwhile the court grants Shah Spices an interim injunction under sub-section (5). When the High Court's final order comes, the court decides the suit in line with it.
What the sections do not say
- They do not say how long the High Court may take; the stay lasts until final disposal.
- They do not provide a fee or form for the rectification application; the text leaves it to the rules.
- They do not say what "prima facie tenable" requires beyond those words.
- Section 57(1) refers to proceedings for rectification relating to "plaintiff or defendant"; it does not define how a defendant's indication might be in issue.
Practical points
- Diary the three months from the date of framing the issue.
- File the rectification application in the High Court, and keep proof that you filed.
- Ask early for interim relief; the stay does not remove it.
- If a rectification is already pending, tell the suit court at once so section 57(1)(a) applies.
Need help with a validity challenge in a GI suit?
The timing in section 57 is strict, and the forum is fixed by section 58. Our legal dispute resolution team can prepare the rectification application, coordinate it with the suit and press for or oppose interim relief.
Key takeaways
- Section 57(1)(a): if rectification is pending before the Registrar or the High Court, the suit is stayed.
- Section 57(1)(b): if none is pending and the plea is prima facie tenable, an issue is framed and three months are given to apply to the High Court.
- Failing to apply in time means the validity issue is deemed abandoned.
- The final rectification order binds the parties; interim orders can still be made during the stay.
- Section 58: validity is decided only on a rectification application, made to the High Court, not the Registrar.
Read next
- Section 27: power to cancel or vary registration and rectify the register
- Section 67: relief in a suit for infringement or passing off
- Sections 47–48: exemption of employees and procedure when invalidity is pleaded
- Infringement of geographical indication: penalties
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.