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Infringement of Geographical Indication (GI & Remedies - Coggle Diagram

- - - - An injunction order may encompass either the ex parte injunction order or the interlocutory order, which may involve:
      - Document discovery
      - Preservation or breach of goods, papers, or other evidence related to the subject matter of the case
      - Restraining the defendant from disposing of assets in a manner that could harm the plaintiff's ability to recover damages, costs, or other remedies that may ultimately be awarded to the plaintiff
    - - It is a well-established legal principle that three factors are taken into account when deciding whether to grant an interim injunction:
      - The establishment of a prima facie case
      - The balance of convenience between the parties
      - The irreparable harm that would be suffered if the interim injunction is not granted.
    - - If a complainant succeeds in establishing infringements of GI, he will generally have a permanent injunction to restrict future infringements during the trial.
    - - The court may award damages to compensate the registered proprietor or authorized user for the losses suffered as a result of the infringement. Damages may include monetary compensation for financial losses incurred due to the infringement.
    - - In addition to damages, the court may order the infringer to account for the profits derived from the infringing activities. This remedy aims to deprive the infringer of any unjust enrichment resulting from the unauthorized use of the geographical indication.
    - - The court has the ability to order the defendant to give up infringing labels and indications for destruction or erasure. The court, after considering all relevant circumstances, may or may not order such a remedy. All of the remedies listed above are also accessible for passing off action. Passing off proceedings are taken to prevent the infringement of unregistered geographical indications.