Skip to content

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

Ravi's unregistered GI for a local spice is copied by a rival, Sahil Exports, who also sells the spice under a deceptively similar name. Ravi wants to sue. Which is correct under the Act?

Ravi cannot sue for infringement of an unregistered geographical indication, but the Act expressly preserves his right of action for passing off and the related remedies. Registration is therefore necessary for an infringement suit, though not for a passing off action against the rival.

  1. AHe may sue for infringement and claim damages because the GI is genuinely his
  2. BHe has no action for infringement of an unregistered GI, but the Act does not affect remedies for passing offCorrect
  3. CHe has no remedy of any kind, since registration is mandatory for all actions
  4. DHe may sue for infringement only in a court inferior to a district court

Explanation

Section 20(1) bars proceedings to prevent or recover damages for infringement of an unregistered GI. Section 20(2) preserves rights of action for passing off. Section 66(1)(c) also covers passing off suits for registered or unregistered GIs, and these go to a district court, so the no-remedy option is wrong.

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Geographical Indications of Goods shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to Geographical Indications of GoodsFree diagnostic mock

More Law relating to Geographical Indications of Goods questions