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Infringement or registered geographical indications - Coggle Diagram
Infringement or registered geographical indications
Section 20
1.Acts Constituting Infringement
Using a sign that is identical or confusingly like the registered GI
Sign that takes unfair advantage of the reputation or good will associated with the registered GI
Sign that is likely to deceive consumers into believing that the goods or
services originate from the protected geographical region
2.Defences to Infringement
Fair Use
Prior Use
Consent of the Registered Proprietor
3.Suit and Relief for Infringement
Section 67
Civil Remedies
Damages
Account of Profits
Injunction
Delivery Up or Destruction of Infringing Goods
Criminal Remedies
Imprisonment
up to three years in prison
Seizure and Destruction
Fine
at least ₹50,000 and up to ₹200,000
Enhanced Penalties
Wilful Infringement
court may impose a higher fine
and/or a longer term of imprisonment
Repeated Offenses
Infringing the same or a
different GI previously, the penalties may be enhanced