Section 52 of GIG Act, 1999 : Section 52: Limitation Of Prosecution

Explanation using Example

Imagine a company in India has been selling tea under a brand name that falsely suggests it originates from Darjeeling, which is a region known for its tea and is protected as a Geographical Indication (GI). This unauthorized use of the Darjeeling name has been going on for four years. A competitor discovers this infringement two and a half years ago but only decides to take legal action now. According to Section 52 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, the competitor can no longer initiate criminal proceedings against the company because the time limit for starting prosecution is either three years from the commission of the offence or two years from its discovery by the prosecutor, whichever is earlier. Since the discovery was made two and a half years ago, the two-year time limit has already passed.