Section 67 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 67 lists what a court may order in a GI infringement or passing off suit: an injunction, damages or an account of profits at the plaintiff's option, and delivery-up of infringing labels and indications. It also lets the court pass ex parte and interlocutory orders for discovery, preservation of evidence and restraint on dealing with assets, and it limits damages against an innocent defendant who stops using the indication at once. If you are preparing for a GI suit or have been served with one, our legal dispute resolution team can help plan the reliefs and the response.
In a suit under section 66, the court may grant an injunction and, at the plaintiff's option, either damages or account of profits, with or without delivery-up of infringing labels and indications for destruction or erasure. The injunction may be ex parte and may include orders for discovery of documents, preserving evidence and restraining the defendant from disposing of assets. An innocent defendant who was unaware and stopped using the indication at once escapes damages other than nominal damages and account of profits.
Status after the amending Acts
Section 67 is not on the Tribunals Reforms Act, 2021 list and is not changed by the Jan Vishwas (Amendment of Provisions) Act, 2023. The printed text is current. Which court may hear the suit is in section 66.
Sub-section (1): the reliefs
"The relief which a court may grant in any suit for infringement or for passing off referred to in section 66 includes injunction (subject to such terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or account of profits, together with or without any order for the delivery-up of the infringing labels and indications for destruction or erasure."
| Relief | Key words |
|---|---|
| Injunction | "Subject to such terms, if any, as the court thinks fit" |
| Damages or account of profits | "At the option of the plaintiff", either one |
| Delivery-up | Of the infringing labels and indications, "for destruction or erasure", with or without |
The word "includes" shows the list is not exhaustive. The plaintiff chooses between damages and an account of profits; the text does not let him take both.
Sub-section (2): the injunction can be wider
"The order of injunction under sub-section (1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:—
- (a) for discovery of documents;
- (b) preserving of infringing goods, documents or other evidence which are related to the subject-matter of the suit;
- (c) restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiff's ability to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff."
| Order | Purpose |
|---|---|
| Ex parte injunction | An order without first hearing the defendant |
| (a) Discovery | The defendant must disclose documents |
| (b) Preservation | Keep infringing goods, documents and evidence safe |
| (c) Asset restraint | Stop the defendant dissipating assets before judgment |
The text does not say when an ex parte injunction is appropriate; that is for the court on the facts. It also states no fee or procedure.
Example. An association of weavers sues a trader selling look-alike cloth under its invented indication. It asks for an ex parte order to preserve the trader's stock and invoice books, for discovery of the supplier records, and for an order restraining the trader from moving its bank balance out of reach. These are the matters in sub-section (2)(a) to (c).
Sub-section (3): the innocent defendant
"Notwithstanding anything contained in sub-section (1), the court shall not grant relief by way of damages (other than nominal damages) on account of profits in any case—"
The words as printed run "damages ... on account of profits", read together with sub-section (1), as barring damages (beyond nominal damages) and an account of profits in the two cases below. This phrase is awkwardly drafted and may be a slip for "damages or account of profits".
Infringement suits: clause (a)
The defendant must satisfy the court of both:
- that at the time he commenced to use the indication complained of, he was unaware and had no reasonable ground for believing that the plaintiff's geographical indication was on the register; and
- that when he became aware of the existence and nature of the plaintiff's right, he forthwith ceased to use it in relation to goods in respect of which it was registered.
Passing off suits: clause (b)
The defendant must satisfy the court of both:
- that at the time he commenced to use the indication complained of, he was unaware and had no reasonable ground for believing that the plaintiff's indication was in use; and
- that when he became aware of the existence and nature of the plaintiff's indication, he forthwith ceased to use the indication complained of.
| Clause (a): infringement | Clause (b): passing off | |
|---|---|---|
| What the defendant did not know | That the plaintiff's GI was on the register | That the plaintiff's GI was in use |
| What he must do on learning | Forthwith cease to use it for the registered goods | Forthwith cease to use the indication |
| Both limbs needed? | Yes ("and") | Yes ("and") |
| Effect | No damages beyond nominal damages (account of profits barred) | Same |
The protection concerns money relief only. Sub-section (3) does not bar an injunction. A defendant who "forthwith ceased" will usually have given the plaintiff most of what an injunction would give. The word "forthwith" is not defined in the text we read, and the burden is on the defendant: he must "satisfy the court".
How the pieces fit
| Question | Where answered |
|---|---|
| In which court is the suit filed? | Section 66 |
| What can the court order? | Section 67(1) and (2) |
| When are damages limited? | Section 67(3) |
| What if the defendant says the registration is invalid? | Sections 57 and 58, see the article on sections 57 and 58 |
| What if the plaintiff overreaches in threats? | Section 73, see the article on section 73 |
Under section 57(5), a stay of the suit during rectification proceedings does not prevent interlocutory orders such as injunctions, so the interim reliefs in section 67(2) can continue in that period.
What the section does not say
- It does not set the amount of damages or the method of working out profits.
- It does not set out the test for an ex parte injunction.
- It does not mention costs, which are for the court's general powers.
- It does not say that damages are barred against a defendant who learns of the right and does not stop; it says only what the court cannot grant in the innocent cases.
- It states no fee and no form.
Practical points
- Plaintiffs: choose between damages and account of profits; the text gives one option, not both.
- Ask for preservation and discovery orders at the outset, when evidence is easiest to lose.
- Defendants: if you learn of a registered GI that your use conflicts with, stop at once and record the date and your earlier lack of knowledge.
- Keep proof that the use began innocently; the defendant carries the burden under sub-section (3).
Need help with the reliefs in a GI suit?
The choice of reliefs and the timing of interim applications often decide a suit. Our legal dispute resolution team can draft the prayer, prepare the interim applications and, for a defendant, assemble the proof of innocent use.
Key takeaways
- The court may grant an injunction and, at the plaintiff's option, damages or an account of profits, with or without delivery-up for destruction or erasure.
- The injunction may be ex parte and may cover discovery, preservation of evidence and restraint on dealing with assets.
- An innocent defendant who stops forthwith avoids damages beyond nominal damages and an account of profits.
- The protection differs: unaware the GI was on the register (infringement) or in use (passing off).
Read next
- Section 66: suit for infringement before the district court
- Sections 57–58: stay of proceedings and rectification applications to the High Court
- Section 73: groundless threats of legal proceedings
- Infringement of geographical indication: penalties
Disclaimer: Based on the Geographical Indications of Goods (Registration and Protection) Act, 1999 read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the rules made under the Act. This article is general information, not legal advice; check the official text before acting.