Sections 68 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.
These three sections deal with parties and proof. Section 68 requires every authorised user of the geographical indication in issue to be made a party to rectification and appeal proceedings, without exposing him to costs unless he appears and takes part. Section 69 makes a certified, sealed copy of a register entry admissible in all courts without further proof, and a Registrar's certificate prima facie evidence. Section 70 stops the Registrar and Registry officers being compelled to produce the register or to appear as witnesses except by order made for special cause. If you rely on the register as proof or sit in the register as an authorised user, our legal consultation team can advise you on using these sections.
Section 68: in every proceeding under Chapter VI (sections 27 to 30) or under section 31, every authorised user not himself an applicant must be made a party, and is not liable for costs unless he enters an appearance and takes part. Section 69: a certified and sealed copy of a register entry is admitted in evidence without further proof or production of the original, and the Registrar's certificate is prima facie evidence. Section 70: the Registrar and Registry officers are not compellable to produce the register or appear as witnesses in proceedings to which they are not a party, unless the court so orders for special cause.
Status after the amending Acts
None of sections 68, 69 or 70 is on the Tribunals Reforms Act, 2021 list, and none is changed by the Jan Vishwas (Amendment of Provisions) Act, 2023. The printed text is current. Section 68 refers to proceedings under section 31, which the 2021 Act amended so that appeals now lie to the High Court; the reference to "section 31" itself is unchanged. The appeals article is on section 31.
Section 68: the authorised user to be impleaded
Sub-section (1)
"In every proceeding under Chapter VI or under section 31, every authorised user of a geographical indication to which such proceeding relate, who is not himself an applicant in respect of any proceeding under that Chapter or section, shall be made a party to the proceeding."
- Which proceedings: those under Chapter VI, which covers sections 27 to 30 (cancellation, rectification, correction, alteration and adaptation of the register), and those under section 31 (appeals).
- Who must be joined: every authorised user of the indication to which the proceeding relates, unless he is already an applicant in the proceeding.
- How: the user "shall be made a party". The word "shall" makes joinder mandatory.
The reason is practical. A change to a registration, such as a variation or removal, affects every authorised user's right to use the indication, and none of them should be affected behind his back. Authorised users are explained in the article on authorised user rights.
Sub-section (2): no costs unless he takes part
"Notwithstanding anything contained in any other law, an authorised user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding."
An authorised user who is joined but stays out cannot be ordered to pay costs. One who appears and participates takes the usual costs risk. The words "any other law" make this rule override contrary provisions elsewhere.
Example. Madan Looms applies to the Registrar under section 27 to vary an invented textile indication. Four authorised users exist. All four must be joined. Two appear and argue; two do not. The two who stayed away cannot be ordered to pay costs.
Section 69: evidence of entries and things done by the Registrar
Sub-section (1): certified copies
"A copy of any entry in the register or of any document referred to in sub-section (1) of section 78 purporting to be certified by the Registrar and sealed with the seal of the Geographical Indications Registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original."
Three elements: the copy must purport to be certified by the Registrar, must be sealed with the Registry seal, and is then admitted in all courts and proceedings without further proof or production of the original. The documents in section 78(1) are the documents open to public inspection, and a certified copy of any entry or such document can be obtained on application and payment of the prescribed fee under section 78(2), as explained in the article on sections 77 to 79.
Sub-section (2): the Registrar's certificate
"A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that he is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done."
A certificate under the Registrar's hand is prima facie evidence that the entry was made and what it contains, or that a matter was done or not done. "Prima facie" means that it stands unless rebutted; it is not conclusive.
| Sub-section (1) | Sub-section (2) | |
|---|---|---|
| What | Copy of an entry or a section 78(1) document | Certificate on an entry, matter or thing the Registrar is authorised to make or do |
| Formality | Certified by the Registrar and sealed | Under the hand of the Registrar |
| Weight | Admitted without further proof or production of the original | Prima facie evidence |
Section 70: Registrar and officers not compellable
"The Registrar or any officer of the Geographical Indications Registry shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this Act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special cause."
- Who: the Registrar or any officer of the Registry.
- Which proceedings: legal proceedings to which he is not a party.
- What he need not do: produce the register or any other document whose contents can be proved by a certified copy, or appear as a witness to prove the matters recorded.
- Exception: where the court, by order made for special cause, directs otherwise.
Sections 69 and 70 work together: since a certified copy proves the entry, nobody needs the Registrar or the original register in court. The text does not define "special cause".
Example. In a suit, a party wants to prove that its indication is registered. It obtains a certified, sealed copy of the entry and files it. The court admits it without calling the Registrar. If the other side insists on the Registrar's attendance, section 70 protects him unless the court records special cause.
What the sections do not say
- Section 68 does not say how the authorised user is to be notified or served.
- It does not say what happens to a proceeding if an authorised user was not joined.
- Section 69 does not say that a certified copy is conclusive proof of validity of the registration, only of the entry.
- Section 70 does not define special cause.
- None of these sections states a fee or a form for obtaining a certified copy.
Practical points
- Applicants under Chapter VI: list all authorised users and join them from the start.
- Authorised users: decide whether to appear; costs risk follows only if you do.
- Obtain a certified, sealed copy of the entry before filing a suit or opposition; it is easier to prove than the original.
- Do not rely on summoning the Registrar; ask for a certified copy or certificate instead.
Need help with the register as evidence?
Using a certified copy or a Registrar's certificate correctly can save weeks in a hearing, and getting authorised users joined avoids defects. Our legal consultation team can help you assemble the proof and plan the parties for a rectification or appeal.
Key takeaways
- Every authorised user must be made a party in Chapter VI and section 31 proceedings, unless he is already an applicant.
- An authorised user joined as a party pays no costs unless he enters an appearance and takes part.
- A Registrar-certified, sealed copy of a register entry is admitted in all courts without further proof; the Registrar's certificate is prima facie evidence.
- The Registrar and Registry officers cannot be compelled to produce the register or testify unless the court so orders for special cause.
Read next
- Section 31: appeals to the High Court against Registrar orders
- Sections 77–79: indexes, public inspection and reports to Parliament
- Section 72: certificate of validity
- Authorized user of a 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.