Rectification applicant fails to prove locus standi and interest with registered good

The Geographical Indications (GI) Registry, Chennai, has rejected ex-parte and with costs a rectification-removal application against Tirupati Laddu.

NOT CONTESTED

Rectification applicant R. S. Praveen Raj, a resident of Thiruvananthapuram, has failed to prove locus standi and interest with the registered good, the order said.

“The rectification application was not contested by the applicant. In such circumstances, the tribunal is empowered with the authority to impose costs.”

Raj was directed to pay Rs 10,000 towards cost within one month from the date of the order.

Raj told Business Line that the petition was filed in public interest, and regretted that this was not considered by the tribunal.

Tirupati Laddu had been issued Geographical Indications No. 121 and listed on the registry.

SETTING PRECEDENT

Raj had argued that there was no industrial purpose here and granting monopoly to a single producer (Tirumala-Tirupati Devasthanams or TTD) would defeat the very purpose of GI.

It could also set a precedent for similarly placed entities to claim rights over similar products, which, once granted, could be difficult to revoke.

A counter affidavit filed by executive officer of TTD argued that rectification applicant had no locus standi.

The rectification applicant was no way offended by the registration and had never objected when the matter was published in the Geographical Indications Journal.

‘NOT AGGRIEVED’

He further said all procedural formalities contemplated under the prescribed act and rules were strictly adhered to and genuineness of the product verified by experts.

An aggrieved person alone had the right to file a rectification plea. The applicant was not present on the date of hearing nor was he represented.

The onus of proving details in the rectification application rests upon the applicant.

The rectification applicant did not succeed to satisfy the tribunal on the issue of his interest in the registered product. vinson.kurian@

thehindu.co.in

(This article was published in the Business Line print edition dated August 8, 2012)
XThese are links to The Hindu Business Line suggested by Outbrain, which may or may not be relevant to the other content on this page. You can read Outbrain's privacy and cookie policy here.