The Geographical Indications of Goods (Registration and Protection) Act, 1999 — back to Table of Contents
Section 73. Groundless threats of legal proceedings
Where a person, by circulars, advertisements, or otherwise, threatens another with proceedings for infringement of a geographical indication that is registered, or claimed to be registered, the person aggrieved may sue for a declaration that the threats are unjustifiable, an injunction against their continuance, and any damages sustained — regardless of whether the person making the threats is the registered proprietor or authorised user — unless that person satisfies the court that the geographical indication is registered and that the threatened acts constitute, or would constitute, infringement.
This remedy does not apply if the registered proprietor or an authorised user, with due diligence, commences and prosecutes an infringement action against the person threatened. A legal practitioner or registered geographical indications agent is not liable under this section for acts done in a professional capacity on behalf of a client. Such a suit cannot be filed in any court below a district court.
