claim which is flawed. The defendant reads the Geographical Indications (GI) Act
to permit a grievance relating to the breach of a right conferred ... hereby clarified that
the following acts shall be deemed to be acts of unfair competition,
namely:-
(i) all acts of such a nature
itself, would not
qualify as an indication, or, therefore, a GI, under the GI Act, as a
7 (e) "geographical indication", in relation ... grant the PISCO GI to Peru, in the light of the
definition of "GI" as contained in the GI Act. It was submitted
permits any application to
be made vide Form GI-3 under Section 17 of the GI Act.
26. Rule 59 titled 'Registration ... said good proposed to be declared as GI
under Section 11 of the GI Act.
Interpretative Analysis of the GI Act & Rules
GI and stating that PISCO
does not qualify as a GI under Section 2 (1)(e) of the GI Act.
8.5 The Registrar of Trade ... GI, the petitioner
has now for the first time in the rejoinder, set up a case of homonymous GI.
Section 10 of the GI Act
GI)No.2 of 2023
6. His next contention is that the GI Act makes a distinction
between abandonment of proceedings at the instance ... Act enables
the Registrar to grant extension of time for doing any act unless the
time for such act is expressly provided in the Act
Goods (Registration And Protection) Act, 1999
(hereinafter referred to as the GI Act) for restraining the Defendant
from committing, inter-alia, acts of infringement ... CHAMPAGNE is a registered geographical indication
under the provisions of the GI Act as per the following particulars:
CS(COMM) 1194/2016 Page
Act, 1959 (Tamil Nadu Act No. 1 of 1959 - for short "the Principal Act"), substituted from March 12, 1993 by Act ... Government of India Act, 1935 (for short "the GI Act"), the legislative power to impose taxes on sale of goods and on advertisements
second respondent also relied on
Section 2(e) of the GI Act and Article 22.1 of the TRIPS Agreement to state that a
Geographical Indication ... Basmati' as a Geographical Indication in Class 30
under the GI Act and it was numbered under Application No.145. Thereafter,
deliberations took place
LIDKAR are the
registered proprietors of GI in Kolhapuri Chappals. Section 21 of the GI
Act confers on LIDCOM and LIDKAR to obtain relief ... unauthorized user for infringement of GI by filing a
suit under the provisions of Section 22 of the GI Act.
12) LIDCOM is a Corporation
authorised users of the said GI at paragraph 11 in terms of
Section 17 of the GI Act.
9. The goods bearing the registered ... Geographical Indications of Goods (Registration and
Protection) Act, 1999 (hereinafter, 'GI Act'). The Plaintiff claims to be a
registered proprietor of the said