law: Geographical Indications of Goods (Registration and Protection) Act, 1999
  48. Procedure where
  
  invalidity of registration is pleaded by the accused.-
  1.  Where
  
  the offence charged under section 39 or section 40 or section 41 is in relation
  
  to a registered geographical indication and the accused pleads that the
  
  registration of t e geographical indication is invalid, the following procedure
  
  shall be followed:-
  a.   if the court is
  
  satisfied that such defence is prima facie tenable, it shall not proceed with
  
  the charge but shall adjourn the proceeding for three months from the date on
  
  which the plea of the accused is recorded to enable the accused to file an
  
  application before the Appellate Board under this Act, for the rectification of
  
  the register on the ground that the registration is invalid;
  b.   if the accused proves
  
  to the court that he has made such application within the time so limited or
  
  within such further time as the court may for sufficient cause allow, the
  
  further proceedings in the prosecution shall stand stayed till the disposal f
  
  such application for rectification;
  c.   If within a period of
  
  three months or within such extended time as may be allowed by the court the
  
  accused fails to apply to the Appellate Board for rectification of the
  
  register, the court shall proceed with the case as if the registration were
  
  valid .
  2.  Where
  
  before the institution of a complaint of an offence referred to in sub-section
  
  (1), any application for the rectification of the register concerning the
  
  geographical indication in question on the ground of invalidity of the
  
  registration thereto has already been properly made to and is pending before
  
  the tribunal, the court shall stay the further proceedings in the prosecution
  
  pending the disposal of the application aforesaid and shall determine the
  
  charge against the accused in conformity with the result of the application for
  
  rectification in so far as the complainant relies upon the registration of his
  
  geographical indication.