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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Geographical Indications of Goods

Anand, a wholesaler in Pune, lawfully buys sealed packs of a GI-registered tea from the authorised user, repackages them into smaller retail packs without harming the tea's condition and sells them. What is the position under the Act?

It is not an infringement. Goods lawfully acquired from the authorised user can be further dealt with, including processing or packaging, without infringing the GI, unless the condition of the goods is impaired after they are put in the market. No Registrar permission is required.

  1. AIt is an infringement because only authorised users may package GI goods
  2. BIt is an infringement because repackaging always changes the goods
  3. CIt is not an infringement, since further dealings including processing or packaging of lawfully acquired goods are protected unless the condition of the goods is impaired after being put in the marketCorrect
  4. DIt is not an infringement only if Anand first obtains the Registrar's written permission

Explanation

Section 22(4) says that where GI goods are lawfully acquired by a non-authorised user, further dealings including processing or packaging do not infringe, except where the condition of goods is impaired after being put in the market. Here the condition is unimpaired, so no infringement.

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