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

Ravi runs a wholesale shop and lawfully buys sealed boxes of a registered GI sweet from an authorised user. He repacks them into smaller gift packs, with the GI mark still shown and the goods in unimpaired condition. Has Ravi infringed the registered GI under the Act?

Ravi has not infringed the GI. Under the Act, further dealings in lawfully acquired GI goods, including processing or packaging, are not infringement unless the condition of the goods is impaired after they have been put in the market. Here the goods are unimpaired.

  1. AYes, because repackaging by a non-authorised user is always infringement
  2. BYes, because only authorised users may deal in the goods
  3. CNo, because further dealings including processing or packaging of lawfully acquired goods are not infringement unless the condition of goods is impaired after being put in the marketCorrect
  4. DNo, because a GI can never be infringed by a wholesaler

Explanation

Section 22(4) provides that where goods under a registered GI are lawfully acquired by a person other than the authorised user, further dealings including processing or packaging do not constitute infringement, except where the condition of goods is impaired after being put in the market. Ravi's goods are unimpaired, so there is no infringement.

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