Geographical Indications of Goods (Registration and Protection) Act : Suit for infringment, etc., to be

Geographical Indications of Goods (Registration and Protection) Act,1999

Act No : 48

Section : Suit for infringment, etc., to be instituted before district court.

66. Suit for infringement, etc., to be instituted before district court.-(1) No suit,- (a) for the infringement of a registered geographical indication; or (b) relating to any right in a registered geographical indication; or (c) for passing of arising out of the use by the defendant of any geographical indication which is indentical with or deceptively similar to the geographical indication relating to the plaintiff, whether registered or unregistered, shall be instituted in any court inferior to a district court having jurisdiction to try the suit. (2) For the purpose of clauses (a) and (b) of sub-section (1), a "district court having jurisdiction'' shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, include a dis rict court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or proceeding, or, where there are more than one such persons any of them, actually and voluntarily esides or carries on business or personally works for gain. Explanation.-For the purposes of sub-section (2), "person'' includes the registered proprietor and the authorised user.