Geographical Indications of Goods (Registration and Protection) Act : Infringement or registered

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

Act No : 48

Section : Infringement or registered geographical indications.

22. Infringement or registered geographical indications.-(1) A registered geographical indication is infringed by a person who, not being an authorised user thereof,- (a) uses such geographical indication by any means in the designations 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 goods; or which misleads the p rsons as to the geographical origin of such (b) uses any geographical indication in such manner which constitutes an act of unfair competition including passing off in respect of registered geographical indication. Explanation 1.-For the purposes of this clause, "act of unfair competition'' means any act of competition contrary to honest practices in industrial or commercial matters. Explanation 2.-For the removal of doubts, it is hereby clarified that the following acts shall be deemed to be acts of unfair competition, namely:- (i) all acts of such a nature as to create confusion by any means whatsoever with the establishment, the goods or the industrial or commercial activities, of a competitor; (ii) false allegations in the course of trade of such a nature as to discredit the establishment, the goods or the industrial or commercial activities, of a competitor; (iii) geographical indications, the use of which in the course of trade is liable to mislead the persons as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods; (c) uses another geographical indication to the goods which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the persons that the goods originate in the territory, region or locality in espect of which such registered geographical indication relates. (2) The Central Government may, if it thinks necessary so to do for providing additional protection to certain goods or classes of goods under sub-section (3), by notification in the Official Gazette, specify such goods or class or classes of goods, for he purposes of such protection. (3) Any person who is not an authorised user of a geographical indication registered under this Act in respect of the goods or any class or classes of goods notified under sub-section (2), uses any other geographical indication to such goods or class or lasses of goods not originating in the place indicated by such other geographical indication or uses such other geographical indication to such goods or class or classes of goods even indicating the true origin of such goods or uses such other geographic l indication to such goods or class or classes of goods in translation of the true place of origin or accompanied by expression such as "kind'', "style'', "imitation'' or the like expression, shall infringe such registered geographical indication. (4) Notwithstanding anything contained in this section, where the goods in respect of which a geographical indication has been registered are lawfully acquired by a person other than the authorised user of such geographical indication, further dealings i those goods by such person including processing or packaging, shall not constitute an infringement of such geographical indication, except where the condition of goods is impaired after they have been put in the market.