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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Geographical Indications of Goods

A registered proprietor of a GI for a craft sues in a district court. Which statement about where a suit for infringement may be filed is correct under the Act?

The suit must go to a district court, and that includes the district court where the plaintiff, such as the registered proprietor or an authorised user, actually and voluntarily resides, carries on business or personally works for gain. It cannot be filed in a court inferior to a district court.

  1. AIt may be filed in any court inferior to a district court having jurisdiction
  2. BIt may be filed in a district court, which includes one within whose limits the plaintiff, including a registered proprietor or authorised user, actually and voluntarily resides or carries on business or personally works for gainCorrect
  3. CIt may be filed only where the defendant resides
  4. DIt may be filed only before the Registrar

Explanation

Section 66(1) bars suits in courts inferior to a district court. Section 66(2) extends the district court having jurisdiction, notwithstanding the Code of Civil Procedure, to where the plaintiff (including registered proprietor and authorised user) actually and voluntarily resides, carries on business or works for gain. The defendant-only option contradicts this.

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