Producers of a famous but unregistered handicraft find a Delhi firm selling imitations under the same…
Section 20(1) bars any proceeding for infringement of an unregistered geographical indication, but section 20(2) says nothing in the Act affects "rights of action against…
Choose your answer
Producers of a famous but unregistered handicraft find a Delhi firm selling imitations under the same place name. Under section 20 of the GI Act, 1999, which remedy is available to them?
Answer and explanation
Correct answer B
Section 20(1) bars any proceeding for infringement of an unregistered geographical indication, but section 20(2) says nothing in the Act affects "rights of action against any person for passing off goods". The producers can therefore sue for passing off. The Registrar has no power to award damages for misuse.
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