Section 92
Mode of giving evidence
of Geographical Indications Act 2022
For the purposes of subsection 38(1), in all proceedings before the Registrar, all evidence shall be given by statutory declarations in the absence of direction to the contrary but in any case in which the Registrar thinks fit, the Registrar may take evidence viva voce in lieu of or in addition to evidence by statutory declarations.
(2)
Any such statutory declaration may, in the case of an appeal, be used before the Court in lieu of evidence by affidavit, but if so used, shall have all the same evidentiary value and effect as evidence by affidavit.
(3)
In any action or proceedings relating to a geographical indication, the Registrar or the Court, as the case may be, shall admit as evidence the practices and usages of the trade concerned or the business practices and usages in the provision of the services in question, and any relevant geographical indication or trade name or business name or get-up legitimately used by other persons.
Geographical Indications 77