INTRODUCTION
Geographical indications (GIs) serve as an important aspect for protecting the unique cultural, agricultural, and traditional values of a product associated with a specified region. As the world is globalizing and the competition in the market is increasing rapidly, GI certification ensures the protection of the product in the domestic and international markets by ensuring proper GI certification. The enforcement of GI becomes increasingly important to protect indigenous producers, regional identity, and consumer trust. But misuse and copying of the GI mark have become widespread, leading to serious instances of GI infringement.
In this article, we will provide a comprehensive overview of what constitutes the infringement of geographical indication, the laws in India, important case studies, the remedies, and how platforms like TMWala can support enforcement and certification.
WHAT IS GI INFRINGEMENT?
GI infringement occurs when a third party misuses a registered GI without the consent of the registered proprietor. As per section 22 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, the GI infringement includes:
- Misleading the public: by representing the goods in such a way that misleads the public about the actual place of origin of the product.
- Unfair competition: by taking advantage of the registered GIs’ good name.
- Falsely representing goods: identifying themselves as coming from a protected territory or region by using another GI.
GI tags indicate that a product is related to a specified place or region, both in origin and quality. Unauthorised use not only affects the trust of the customer but also causes IP infringement against the rightful owner of the GI.
Key Elements in Proving GI Infringement
To prove the case of GI infringement, the registered proprietor must prove the following first:
- When a GI is used without authorization, it misleads the public about the product’s actual place of origin.
- There is deliberate abuse or dishonest behaviour meant to damage the GI’s reputation and goodwill.
- The registered GI and the infringing mark are either confusingly similar or identical.
- The product’s legacy has been damaged, or financial harm has resulted from the violation.
Moreover, in case of defamation or false claims against the proprietorship of the original GI product, the law finds it a grave misuse that directly impacts the credibility of the product and also its authorized producers. TMWala helps safeguard brands by offering digital tools that monitor unauthorized usage online, detect trademark violations, and generate alerts when misuse is detected, making it easier to build a case for enforcement.
BRAND PROTECTION THROUGH GI CERTIFICATION
The GI certificate plays a vital role in protecting a brand. It provides exclusive rights to the registered users to use the name of the product in commercial activities, prevent any kind of harm to the reputation of the brand, and ensure that the consumers are not misled by any kind of misrepresentation. In India, various local products like Mysore Silk, Kanchipuram Silk, Darjeeling Tea, and many others have secured GI status to reinforce their distinct market identity and heritage.
LEGAL REMEDIES FOR GI INFRINGEMENT
Once GI infringement is identified, the registered proprietor has the right to pursue civil or criminal remedies, as per section 67 of the Geographical Indications of Goods (Registration and Protection) Act, 1999.
CIVIL REMEDIES
Civil remedies include:
- Injunctions (temporary or permanent): These stop the infringer from using the GI again and may also include orders to protect assets, gather evidence, and stop the destruction of documents.
- Damages and Penalties: Registered proprietors may demand profit accounting or seek damages for losses brought on by improper use.
- Delivery-Up: Infringers may be ordered by courts to destroy any goods, labels, or packaging that use the infringing GI.
Most importantly, a civil action can be taken in case of passing off, where an unregistered GI is misrepresented. This ensures that even the pending registrations are protected.
CRIMINAL REMEDIES
Criminal cases are more straightforward and have more severe penalties. The GI Act’s Chapter VIII lists penalties for the following:
- Falsely applying a GI to goods.
- Selling goods with counterfeit GI.
- Misrepresenting a business connection with a registered GI.
- Tampering with GI records or registry data.
The punishment for such offences can range from 6 months to 3 years of imprisonment and a fine somewhere between ₹50,000 to ₹2 lakhs. In case of repeated offences, the minimum imprisonment increases to 1 year, with a fine not less than 1 lakh. However, the court can also reduce the sentences; it’s at the discretion of the court.
IP INFRINGEMENT
IP infringement in the GI context not only harms the economy but also harms the cultural heritage of the product, making it important to enforce GI into the scope of intellectual property rights in India. Establishing the IP courts can help in resolving the GI disputes faster. To make the enforcement more effective, the police, customs officers, and legal persons should work together to take quick action against GI infringement, especially in the case of international trade.
And to ensure such work, the government should start training programmes for all the people involved in the process and should also offer rewards like tax benefits, awards, or export support to the businesses. This will encourage them to follow GI laws and help in reducing infringement cases.
GI CERTIFICATION
GI certification is the initial and most crucial step in protecting and promoting products that are linked to a specific region. But simply registering for GI is not enough; there must be involvement of the producers to maintain its quality and reputation. To make it more effective, the government should provide financial support and make the registration process easier, especially for rural people and small-scale artisans. This would help more people to take advantage of the GI tag.
The work is not done yet, even though the mark is registered, maintaining its quality is crucial. The product should meet the standards that were set during the registration. This helps in protecting the product’s reputation in the market.
In addition, GI-certified products should be promoted through trade fairs, online government marketplaces, and export programs. It helps in increasing its presence in the market and also increases the product’s market value. Also, rules related to packaging and branding should be clearer, making them easier to understand by the consumer and producers.
TMWala makes the GI certification process more accessible by offering end-to-end digital assistance for filing, status tracking, and renewal management. Their platform is especially useful for small producers unfamiliar with complex legal steps, allowing for smoother entry into GI protection systems.
IMPORTANT CASE STUDY
1. Darjeeling Tea Case
A landmark case, Tea Board of India vs. Mitsui Norin KK, involving GI infringement, where a Japanese company used the term “Darjeeling” in misleading ways. The Tea Board of India opposed the trademark “Divine Darjeeling” in Japan, arguing it was deceptive because:
- “Darjeeling” incorrectly suggests that coffee and chocolate came from Darjeeling, a location that is only known for its tea.
- The mark lessened the uniqueness of Darjeeling tea, a worldwide recognized product with GI certification.
The Japan Patent Office did not agree with this contention, but due to the lack of actual use of the product in Japan, the non-use cancellation succeeded.
CHALLENGES IN GI PROTECTION
Despite having strict laws, India faces various challenges in enforcing GI rights, a few of which are:
- Many GI holders, particularly regional farmers and craftspeople, lack the knowledge and means to keep an eye out for or take legal action against IP infringement.
- When it comes to managing GI-specific issues, enforcement authorities lack the necessary manpower and training.
- Cross-border protection is still difficult, especially in countries that might not fully accept Indian GIs.
Moreover, digital platforms further complicate enforcement, with online sellers frequently misusing GIs without fear of immediate legal repercussions.
CONCLUSION
In today’s economy, protecting products that carry cultural, traditional, and regional significance is more important than it has ever been before. GI infringement affects the authenticity and economic value of the actual product in the market, which directly affects the livelihood of local artisans, farmers, and small-scale businesses. The infringement of geographical indications not only confuses consumers but also damages the reputation of the product.
While inter-agency cooperation, specialized IP courts, and focused training programs for enforcement authorities are necessary to increase compliance, IP infringement in the GI context must be treated with the same gravity as trademark or copyright crimes. Furthermore, GI certification needs to be more than just registration; it needs to be an ongoing system of market integration, producer education, and quality monitoring. In addition to preserving India’s cultural legacy, strengthening the certification procedure, guaranteeing fair access, and promoting GI products on a national and worldwide scale can also strengthen local economies.
Digital platforms like TMWala are instrumental in this effort. They streamline registration, help monitor misuse, and support legal enforcement
FAQs
1. What is GI infringement, and how does it occur?
GI infringement happens when a registered geographical indication is used by someone without authorization, especially in a way that misleads consumers about the true origin of the product or damages the product’s reputation.
2. How can I identify if GI infringement has occurred?
Common signs include misleading labeling about the product’s origin, unauthorized use of a GI name, unfair competition using a known GI, or falsely implying association with a GI-registered product.
3. What are the legal remedies available for GI infringement in India?
Legal remedies include civil (e.g., injunctions, damages, and destruction of infringing goods) and criminal (e.g., imprisonment and fines for falsely applying a GI) actions under the GI Act, 1999.
4. What is the importance of GI certification for a product?
GI certification protects a product’s identity, origin, and reputation. It helps preserve cultural heritage, adds market value, prevents misuse, and provides exclusive rights to the registered owner.
5. Can unregistered GIs be protected under the law?
Yes. Even unregistered GIs can be protected through civil actions like passing off, where misrepresentation causes harm to the reputation or identity of a product.
6. What is the punishment for criminal GI infringement?
Criminal penalties can include 6 months to 3 years imprisonment and fines ranging from ₹50,000 to ₹2 lakhs, with stricter penalties for repeat offenders.
7. What role does TMWala play in GI protection?
TMWala offers digital solutions for GI certification, status tracking, online infringement monitoring, and legal enforcement support, especially helping small producers navigate complex legal steps.
8. How can GI holders actively protect their products?
GI holders should monitor the market (especially online), gather evidence of misuse, send cease-and-desist notices, pursue legal action, and collaborate with platforms like TMWala for enforcement.
9. What challenges exist in enforcing GI rights in India?
Challenges include a lack of awareness among GI holders, limited training for enforcement authorities, difficulties in cross-border enforcement, and increasing misuse on digital platforms.
10. Why is maintaining product quality important even after GI registration?
Post-registration, consistent quality ensures continued consumer trust and brand reputation. Deviation from standards can weaken the GI’s legal protection and market value.
