Lawgist73Groundless threats of legal proceedings
(1) Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a geographical indication which is registered, or alleged by the first-mentioned person to be registered, or with some other like proceeding, a person aggrieved may, whether the person making the threats is or is not the registered proprietor or the authorised user of the geographical indication, bring a suit against the first-mentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats and may recover such damages (if any) as he has sustained, unless the first-mentioned person satisfies the court that the geographical indication is registered and that the acts in respect of which the proceedings were threatened, constitute, or, if done, would constitute, an infringement of the geographical indication.
(2) The last preceding sub-section does not apply if the registered proprietor of the geographical indication or an authorised user thereof with due diligence commences and prosecutes an action against the person threatened for infringement of the geographical indication.
(3) Nothing in this section shall render a legal practitioner or a registered geographical indications agent liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client.
(4) A suit under sub-section (1) shall not be instituted in any court inferior to a district court.
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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
