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. What I am unsure about is the procedure — where the application goes, what it costs, and how long gi infringement india matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to gi infringement india here is Geographical Indications of Goods (Registration and Protection) Act, 1999, Section 22 and GI Act, 1999, Section 39. The detail below matters, because Geographical Indications of Goods (Registration and Protection) Act, 1999, Section 22 draws the line differently depending on what your documents show.

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.

Practical steps: 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 — remedies under Geographical Indications of Goods (Registration and Protection) Act, 1999, Section 22 carry limitation periods, and unexplained delay 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 intellectual property.