Geographical Indications Act 2014 · 2020 Revised Edition · Part 2 · Protection for Geographical Indications
6. Order for delivery up of goods, material and articles
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In any action brought under section 4 in relation to a geographical indication, the Court may, in addition to any relief granted under section 5, order any of the following in the possession of the defendant to the action or before the Court to be delivered up to the claimant:
geographical indication
“geographical indication” means any indication used in trade to identify goods as originating from a place, provided that —(a)the place is a qualifying country or a region or locality in a qualifying country; and(b)a given quality, reputation or other characteristic of the goods is essentially attributable to that place;
goods in respect of which the defendant has been found to be carrying out or to have carried out, in relation to the geographical indication, an act to which section 4 applies;
material —
which bears an indication identical with or similar to the geographical indication;
which is used by the defendant for labelling or packaging goods, or as a business paper, or for advertising goods; and
in respect of which the defendant has been found to be carrying out or to have carried out, in relation to the geographical indication, an act to which section 4 applies;
articles —
used by the defendant to make upon material referred to in paragraph (b), copies of an indication identical with or similar to the geographical indication; or
which the defendant has in the defendant’s possession, custody or control, knowing or having reason to believe that they have been, or are to be, used to make upon material referred to in paragraph (b), copies of an indication identical with or similar to the geographical indication.
An order is not to be made under this section unless the Court also makes, or it appears to the Court that there are grounds for making, an order under section 7.
A person to whom any goods, material or articles are delivered up pursuant to an order under this section must, if an order under section 7 is not made, retain them pending the making of an order under that section, or until the decision not to make such order.
goods
“goods” means any natural or agricultural product or any product of handicraft or industry;