Section 72 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 72 rewards a registered proprietor or authorised user who defends the validity of a registration and wins. If a contested rectification proceeding before the High Court is decided in their favour on the validity issue, the High Court may grant a certificate to that effect. In any later legal proceeding where validity is questioned, the holder of the certificate who obtains a final order or judgment affirming validity is, unless the court directs otherwise for sufficient reason, entitled to full costs, charges and expenses as between legal practitioner and client. If your registration is under attack, our legal dispute resolution team can help you win it on contest and seek this certificate.
If, in rectification proceedings before the High Court, a decision is given on contest in favour of the registered proprietor or authorised user on the validity of the registration (or of the authorised user), the High Court may grant a certificate to that effect. In a later proceeding where validity is questioned, the holder who obtains a final order or judgment affirming validity is entitled to full costs as between legal practitioner and client, unless the court for sufficient reason directs otherwise.
Amendment by the Tribunals Reforms Act, 2021
Section 22(m) of the Tribunals Reforms Act, 2021 provides that in section 72 "for the words 'Appellate Board', wherever they occur, the words 'High Court' shall be substituted". Before the Tribunals Reforms Act, 2021, the rectification proceeding was before the Appellate Board, and it was the Appellate Board that could grant the certificate. The current wording below puts the High Court in both places. The Jan Vishwas (Amendment of Provisions) Act, 2023 does not touch section 72.
The text, as it now reads
"If in any legal proceedings for rectification of the register before the High Court a decision is on contest given in favour of the registered proprietor or, as the case may be, authorised user of the geographical indication on the issue as to the validity of the registration of the geographical indication or the authorised user, the High Court may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor or the authorised user, as the case may be, on obtaining a final order or judgment in his favour affirming validity of the registration of the geographical indication or the authorised user, as the case may be, shall unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client."
How it works, step by step
| Step | Requirement |
|---|---|
| 1 | Legal proceedings for rectification of the register before the High Court |
| 2 | A decision on contest (that is, the other side actually contested) |
| 3 | The decision is in favour of the registered proprietor or the authorised user |
| 4 | It is on the issue of validity of the registration of the geographical indication, or of the authorised user |
| 5 | The High Court may (not "shall") grant a certificate to that effect |
| 6 | In any subsequent legal proceeding where validity is questioned, the holder, on obtaining a final order or judgment affirming validity, is entitled to full costs |
| 7 | Unless the final order or judgment, for sufficient reason, directs otherwise |
"On contest"
The decision must be "on contest". The text does not define the phrase, but the natural reading is that the validity point was actually argued and decided, not that the other side withdrew or the application lapsed. A decision by default or consent would not fit those words on a plain reading.
Who can use it
The proprietor or the authorised user. The section speaks of validity "of the registration of the geographical indication or the authorised user", so both a challenge to the indication's registration and a challenge to a person's registration as an authorised user are covered. Rectification and the High Court's role are explained in the articles on section 27 and sections 34 and 35.
The costs benefit
"Full cost charges and expenses as between legal practitioner and client" is a higher measure than ordinary costs. It is intended to cover what the holder actually spent on the lawyer. The text does not give the method of computing it or a ceiling.
Three conditions limit it:
- A certificate must have been granted earlier.
- The holder must obtain a final order or judgment in the later proceeding affirming validity.
- The final order or judgment may direct otherwise "for sufficient reason".
The text calls it an entitlement, subject to the sufficient-reason exception, so the court's discretion is confined to that exception.
Example
Kulkarni Growers' Association holds a registration for an invented hill-fruit indication. A competitor applies to the High Court for rectification, arguing the registration is invalid. The matter is contested and decided in favour of the Association on validity. On the Association's request, the High Court grants a certificate. Two years later, another party questions validity in an infringement suit. The Association wins and the final judgment affirms validity. Under section 72 it is entitled to full costs as between legal practitioner and client, unless the court records sufficient reason to order otherwise.
How it compares with a stay in a suit
| Section 57 and 58 | Section 72 | |
|---|---|---|
| Subject | How validity is tested when raised in a suit | What follows after a contested rectification succeeds |
| Forum | High Court, on a rectification application | High Court, in the same rectification proceeding |
| Outcome | Stay, binding order | Certificate; enhanced costs in later proceedings |
The stay and referral rules are covered in the article on sections 57 and 58.
What the section does not say
- It does not say that the certificate makes the registration unchallengeable; it only gives a costs benefit in later proceedings.
- It does not say what happens if validity is later questioned on new grounds.
- It does not define "on contest", "final order or judgment" or "sufficient reason".
- It does not state a form or fee for applying for the certificate; the text gives none.
- It does not say how long the certificate lasts.
Practical points
- If you are defending a rectification application, ask for the certificate when the judgment is in your favour on validity.
- Keep the certificate with the registration papers; you will need it in later proceedings.
- In a later proceeding, plead the certificate and claim costs under section 72 at the end.
- Keep detailed records of legal fees; the benefit is measured by your actual costs.
Need help defending a registration?
A contested rectification and the certificate that can follow it are worth planning from the first hearing. Our legal dispute resolution team can build the validity case, ask for the certificate at the right moment and press the costs entitlement in later proceedings.
Key takeaways
- After a contested High Court rectification decided in favour of the proprietor or authorised user on validity, the High Court may grant a certificate.
- In later proceedings where validity is questioned, a holder who obtains a final order affirming validity is entitled to full costs as between legal practitioner and client.
- The court may direct otherwise only for sufficient reason.
- "Appellate Board" became "High Court" through the Tribunals Reforms Act, 2021; the Jan Vishwas Act did not change the section.
Read next
- Section 27: power to cancel or vary registration and rectify the register
- Sections 34–35: rectification applications before the High Court and appearance of the Registrar
- Sections 57–58: stay of proceedings and rectification applications to the High Court
- 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.