The Geographical Indications of Goods (Registration and Protection) Act, 1999 — back to Table of Contents
Section 38. Falsifying and falsely applying geographical indications
A person “falsifies” a geographical indication by making it, or a deceptively similar one, without the authorised user’s assent, or by altering, adding to, or effacing a genuine indication. A person “falsely applies” an indication by putting such a falsified or deceptively similar indication on goods or packaging, or by using genuine packaging bearing the indication to pack, fill, or wrap goods other than the authorised user’s genuine goods, without consent.
Such falsified or falsely applied indications are together termed a “false geographical indication” under the Act. In any prosecution for these acts, the burden falls on the accused to prove that the proprietor’s assent was given.
