What do you mean by infringement of a Geographical Indication (GI)? What are the penalties and remedies available against such infringement?
Q.6 – What do you mean by infringement of a Geographical Indication (GI)? What are the penalties and remedies available against such infringement? I. Meaning of Geographical Indication (GI) Geographical Indication means an indication that identifies goods as originating from a particular place/region , where quality, reputation or other characteristics of those goods are essentially attributable to that geographical area. (Section 2(1)(e) of the Geographical Indications of Goods (Registration & Protection) Act, 1999) Examples: Darjeeling Tea Kanchipuram Silk Banarasi Saree Nagpur Orange Mysore Sandal Soap II. Meaning of GI Infringement — Section 22 of GI Act, 1999 According to Section 22 , a GI is infringed when: 1. Unauthorized use of a registered GI If a person uses a GI without permission on goods not originating from that region → and such use misleads consumers regarding origin. Example: Selling ordinary tea as “Darjeeling Tea” . 2. Use of GI causi...