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CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications

Himalaya Teas Pvt Ltd uses the name of an unregistered geographical indication for its tea. A rival who is not entitled to use it sells tea under the same name, causing confusion. Which statement is correct under the Act?

Infringement proceedings are barred because the geographical indication is unregistered, but the remedy of a passing off action remains available. Section 20 denies infringement action for unregistered indications while expressly preserving rights of action against passing off goods as those of another person.

  1. AAn infringement suit is maintainable because registration is only evidentiary
  2. BAn infringement suit is barred, but the right of action for passing off remains availableCorrect
  3. CBoth infringement and passing off actions are barred
  4. DOnly a criminal complaint by the Registrar can be filed

Explanation

Section 20(1) bars any proceeding to prevent or recover damages for infringement of an unregistered GI. Section 20(2) preserves rights of action and remedies for passing off. So the infringement suit fails but passing off remains.

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