What remedies exist if someone falsely uses a registered Geographical Indication

Question

A trader outside our region is selling products falsely labelled with our registered Geographical Indication and I want to stop this. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What remedies exist if someone falsely uses a registered Geographical Indication is governed in India primarily by Geographical Indications of Goods (Registration and Protection) Act, 1999, Section 22 and GI Act, 1999, Section 39. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 22 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 defines infringement to include using a geographical indication in a manner that indicates or suggests the goods originate in a place other than the true place of origin in a way misleading the public, and any use which constitutes unfair competition, including passing off registered goods.

An authorised user of a registered GI, or in some circumstances the registered proprietor association, can institute a civil suit for infringement seeking injunction, damages or account of profits, and delivery-up of infringing labels and goods, under provisions analogous to the trademark infringement remedies in the Trade Marks Act, 1999.

Section 39 of the GI Act makes it a criminal offence to falsely apply a geographical indication to goods, punishable with imprisonment of six months to three years and fine, providing an additional deterrent alongside the civil remedy, and enforcement agencies including customs authorities can also act against imported goods bearing a falsely applied GI.

For GIs notified as goods of special category or those recognised for enhanced protection akin to Article 23 of the TRIPS Agreement — largely wines and spirits internationally, though India has sought parity for other GIs — even truthful indication of actual origin accompanied by expressions like 'kind', 'type' or 'style' can still amount to infringement.

What to do next: 1) Gather evidence of the false or misleading use of the geographical indication; 2) Verify the registered producer association or authorised user status before acting; 3) Send a cease-and-desist notice and consider filing a civil suit for injunction and damages; 4) Report false application of the GI to police or customs for possible criminal action.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Geographical Indications of Goods (Registration and Protection) Act, 1999, Section 22 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.