ЁЯУМ Exemption of Persons from Liability under GI Act The Geographical Indications of Goods (Registration and Protection) Act, 1999 protects goods that originate from a particular geographical area and possess qualities or a reputation due to that origin (e.g., Darjeeling Tea, Banarasi Saree). But the Act also provides certain exemptions where a person will not be held liable for infringement. These exemptions ensure a balance between rights of GI holders and fairness to third parties . 1. Use of Own Name (Section 26(1)(a)) A person is not liable if they use their own name, place of business, or name of predecessor in a bona fide manner. Example: If someone named Darjeeling Singh uses his name on his shop board, it is not infringement of Darjeeling Tea GI . 2. Use of GI before Registration (Section 26(1)(b)) If a person was using a GI in a continuous manner before its registration , they cannot be stopped. This protects prior users who acted in good faith. 3. Generi...
All current legal laws , Amendment and change in regulations.And much more current judgement and advisory for citizens.