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

The Central Government has notified wine-like beverages as goods for additional protection under section 22(2). A non-authorised seller labels a beverage made elsewhere as 'Darjeeling-style, produced in Punjab', where 'Darjeeling' is a registered GI for those notified goods. Under section 22(3), what is the position?

This is infringement. For goods notified for additional protection, a non-authorised user infringes the GI by using it even with the true origin stated, in translation, or alongside words like kind, style or imitation. Disclaimers do not cure the use, and actual deception need not be proved.

  1. ANo infringement, since the true place of origin, Punjab, is stated
  2. BNo infringement, because the label uses the word 'style' to signal it is not genuine
  3. CInfringement only if consumers are shown to have been actually misled
  4. DInfringement, since using the GI even with the true origin or with expressions like 'kind', 'style' or 'imitation' is covered for notified goodsCorrect

Explanation

For goods notified under section 22(2), section 22(3) makes it an infringement for a non-authorised user to use the GI even while indicating the true origin, in translation, or with expressions such as 'kind', 'style' or 'imitation'. Proof of actual deception is not required, so the disclaimers do not help the seller.

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