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Geographical Incation: Remedies

This document discusses geographical indications and legal remedies for infringement. It states that geographical indication is infringed when an unauthorized user uses a registered geographical indication in a way that misleads people about the true origin of goods. It outlines two specific situations that constitute infringement: (1) using a geographical indication to designate goods from somewhere other than their true origin, and (2) using a geographical indication in a way that constitutes unfair competition or passing off. The document also notes that penalties and punishments are laid out for falsifying geographical indications or infringing registered geographical indications.

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MAYANK GUPTA
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177 views1 page

Geographical Incation: Remedies

This document discusses geographical indications and legal remedies for infringement. It states that geographical indication is infringed when an unauthorized user uses a registered geographical indication in a way that misleads people about the true origin of goods. It outlines two specific situations that constitute infringement: (1) using a geographical indication to designate goods from somewhere other than their true origin, and (2) using a geographical indication in a way that constitutes unfair competition or passing off. The document also notes that penalties and punishments are laid out for falsifying geographical indications or infringing registered geographical indications.

Uploaded by

MAYANK GUPTA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CHAPTER 39

INGEMENT OF GEOGRAPHICAL
INDICATION AND
I N F

LEGAL REMEDIES
INCATION
Synopsis
introductiom

e n G e o g r a p h i c a l
Indication is, infringed
When

Remedies Agoinst Infringement

Offences a n d P e n a i t i e s

Ioirwduction
case
of oth forms of intellectual properties viz. patent,
the
n
any authorized use of registered geographical
and copyright dication by person other than authorized
of geographical indio
stian or use
to infringement. wever, the Act specifically lays down
ouldamount
infringenment will occur
and what are the remedies. The Act
whenthe
penalty and punishment for falsification geographical of
laid down
30ons.

hen Geographical Indication is infringed (Section 22)


geographical indication is infringed by a person who, not
gistered user thereof:
mButhorized
such geographical indication by
any means in the
& uses
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; or
b) uses any geographical indication in such manner which
Constitutes an act of unfair competition including passing off in
rEspect of registered geographical indication.
Ay person who is not an authorized user of a geographical indication
Bered under this Act in respect of the goods or any class or classes of

A5 LORLÍiIed under sub-section (2), uses any other geographical indication


Ago0ds or class
classes of goods not originating în the
or
place
aby such other geographical indication or uses such other
cal indication to such goods or class or classes of goods even
Ang the true
aatuon uo Buch origin of such goods or uses such other geographical
goods or class or classes of goods in translation of the true
origin
he ike
or accompanied by expression such as "kind", "style" imitation
expression, shall
infringe such registered geographical indication.
However ,where the goods in respect of which a geographical indication
registered are lawfully uired by a person other than the
275)

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