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Who can initiate an infringement action?

Who can initiate an infringement action?

The registered proprietor or authorised users of a registered geographical indication can initiate an infringement action.

Authorised user : ‘Authorised user’ is any person claiming to be the producer of the goods in respect of which a geographical indication has been registered. For becoming an authorized user the person has to apply in writing to the Registrar in prescribed manner and by paying requisite fee.

Geographical Indication – The term GI has been defined as “Geographical Indications”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

 


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