Geographical Indications Act 2014 · 2020 Revised Edition · Part 2 · Protection for Geographical Indications
8. Remedy for groundless threats of proceedings under section 4
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Where a person threatens another with proceedings for an action for carrying out an act to which section 4 applies, other than —
the application of a geographical indication in relation to goods or to material used or intended to be used for labelling or packaging goods; or
the importation of goods to which, or to the packaging of which, the geographical indication has been used,any aggrieved person may bring proceedings for relief under this section.
The relief which may be applied for is any of the following:
a declaration that the threats are unjustifiable;
an injunction against the continuance of the threats;
damages in respect of any loss an aggrieved person has sustained by the threats.
A claimant to an action under this section is entitled to the relief referred to in subsection (2) unless the defendant shows that the act in respect of which proceedings were threatened constitutes (or if done would constitute) an act to which section 4 applies.
If the defendant to an action under this section shows that the act in respect of which proceedings were threatened constitutes (or if done would constitute) an act to which section 4 applies, the claimant is nevertheless entitled to relief if the claimant shows that an exception under this Act applies to the act concerned.
The mere notification that a geographical indication is registered, or that an application for registration has been made, does not constitute a threat of proceedings for the purposes of this section.
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;
Nothing in this section renders an advocate and solicitor liable to an action under this section in respect of an act done by the advocate and solicitor in his or her professional capacity on behalf of a client.