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Exemption of Persons from Liability under GI Act

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...