The Geographical Indications of Goods (Registration and Protection) Act, 1999 — back to Table of Contents
Section 22. Infringement of registered geographical indications
A registered geographical indication is infringed by a non-authorised user who presents goods in a way that misleadingly suggests they originate from a place other than their true origin, or who engages in unfair competition — including passing off — in relation to the indication. “Unfair competition” covers acts creating confusion with a competitor’s business or goods, false discrediting allegations, and uses of the indication likely to mislead as to the goods’ nature, manufacturing process, characteristics, suitability, or quantity. It is also infringement to use another indication that, while literally accurate about the actual place of origin, falsely implies the goods come from the area covered by the registered indication.
The Central Government may notify certain goods or classes of goods for a higher, additional level of protection. For such notified goods, even accurate translation of the true origin, or use accompanied by qualifiers like “kind”, “style”, or “imitation”, still constitutes infringement if done by a non-authorised user using a different geographical indication.
Once goods bearing a registered indication have been lawfully acquired, further dealings with them — including processing or repackaging — by someone other than the authorised user do not amount to infringement, unless the goods’ condition is impaired after reaching the market.
