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

Meera Foods, which is not an authorised user, sells sparkling juice labelled 'Ratnagiri-style' using a registered GI that the Central Government has notified for additional protection under section 22(2). The juice genuinely comes from Ratnagiri. What is the position?

It is an infringement. For goods notified for additional protection, a non-authorised user infringes by using the registered indication even when it indicates the true origin, or when it is accompanied by words like kind, style or imitation. Actual deception of buyers need not be shown.

  1. ANo infringement, because the label is literally true as to origin
  2. BNo infringement, because 'style' only describes the taste
  3. CInfringement only if buyers are actually misled
  4. DInfringement, because for notified goods use even indicating true origin, or with expressions like 'kind' or 'style', infringesCorrect

Explanation

Section 22(3) provides that for notified goods, a non-authorised user infringes by using the indication even if it shows the true origin, or in translation or with expressions such as kind, style or imitation. Proof of misleading is not needed, so the truthful-label and misleading-test options are wrong.

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