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What are the Infringement and Enforcement remedies available under the Geographical Indications Act?

What are the Infringement and Enforcement remedies available under the Geographical Indications Act?

A person, not being an authorized user, infringes a registered geographical indication when he uses:

  1. Such geographical indication by any means in the designation or presentation of goods that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which misleads the persons as to the geographical origin of such goods;
  2. Any geographical indication in such manner that constitutes an act of unfair competition including passing off in respect of registered geographical indication. The acts that constitute ‘unfair competition’ as mentioned above are:

    all acts that are of such nature as to create confusion by any means whatsoever with the establishment, the goods or the industrial and the commercial process;
    false allegations in the course of the trade of such a nature as to discredit the establishment, the goods or the industrial or commercial activities, of the competitor;
    geographical indications, the use of which in the course of the trade is liable to mislead the persons as to the nature, the manufacturing process, the characteristics, the suitability for their purpose or the quantity of the goods; or

  3. Another geographical indication for goods which, although true to the territory from which the goods originate, falsely represents that the goods originate in the territory in respect of which such registered indication relates.

In order to protect its geographical indication against unauthorized use, the rights holder may send a cease and desist notice after becoming aware of any violation. Thereafter, depending on the response of the infringer, the rights holder has the option of either initiating a civil or criminal litigation against the infringer.


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