Lawgist66Suit 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 on 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 district 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 resides 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.
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- 55 Protection of action taken in good faith
- 56 Certain persons to be public servants
- 57 Stay of proceedings where the validity of registration of the geographical indication is questioned etc
- 58 Application for rectification of register to be made to Appellate Board in certain cases
- 59 Implied warranty on sale of indicated goods
- 60 Powers of Registrar
- 61 Exercise of discretionary power by Registrar
- 62 Evidence before Registrar
- 63 Death of party to a proceeding
- 64 Extension of time
- 65 Abandonment
- 66 Suit for infringement, etc., to be instituted before district court
- 67 Relief in suit for infringement or for passing off
- 68 Authorised user to be impleaded in certain proceedings
- 69 Evidence of entries in register, etc., and things done by the Registrar
- 70 Registrar and other officers not compellable to produce register, etc
- 71 Power to require goods to show indication of origin
- 72 Certificate of validity
- 73 Groundless threats of legal proceedings
- 74 Address for service
- 75 Trade usages, etc., to be taken into consideration
- 76 Agents
- 77 Indexes
- 78 Documents open to public inspection
- 79 Reports of Registrar to be placed before Parliament
- 80 Fees and surcharge
- 81 Savings in respect of certain matters in Chapter VIII
- 82 Declaration as to title of geographical indication not registrable under the Registration Act, 1908
- 83 Government to be bound
- 84 Special provisions relating to applications for registration from citizens of convention countries
- 85 Provision as to reciprocity
- 86 Powers of Central Government to remove difficulties
- 87 Power to make rules
