Understanding Geographical Indication (GI) Infringement in India

Introduction

India’s diverse geography and cultural heritage give rise to a wide array of unique products — from Darjeeling Tea and Kanchipuram Silk to Nagpur Oranges and Bikaneri Bhujia. These products owe their distinctive qualities to the specific regions they come from. To protect their authenticity and economic value, the concept of Geographical Indication (GI) was introduced.

However, with growing commercial interest, misuse of these GIs has also increased, leading to what is known as the infringement of geographical indication. This article explores what constitutes GI infringement, how it affects producers, and the legal remedies available under Indian law.

What is a Geographical Indication?

A Geographical Indication (GI) is a sign or name used on products that have a specific geographical origin and possess qualities or a reputation due to that origin.

Under the Geographical Indications of Goods (Registration and Protection) Act, 1999, a GI identifies goods as originating from a particular territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin.

In simpler terms, a GI connects a product to its roots — whether it’s the soil, climate, traditional knowledge, or craftsmanship that gives it unique characteristics.

Examples of Registered Indian GIs:

• Darjeeling Tea (West Bengal)
  

• Basmati Rice (Indo-Gangetic Plains)
  

• Pochampally Ikat (Telangana)
  

• Mysore Silk (Karnataka)
  

• Alphonso Mango (Maharashtra)
  

These products are registered under the GI Act to prevent misuse and protect the economic interests of genuine producers.

Understanding Infringement of Geographical Indication

Infringement of geographical indication occurs when someone uses a registered GI in a way that misleads consumers or damages the reputation of the authentic product.

According to Section 22 of the GI Act, 1999, a person commits GI infringement if:

• They use the GI on goods that do not originate from the registered geographical area.
  

• The use of the GI misleads consumers as to the true origin of the goods.
  

• The GI is used in a manner that constitutes unfair competition or false representation.
  

• The GI is used in translation or imitation that could deceive consumers.
  

Common Examples of GI Infringement in India:

1. Misrepresentation of origin – Selling tea grown outside Darjeeling as “Darjeeling Tea.”
   

2. Unauthorized use of GI tags – Using a GI logo or certification mark without authorization.
   

3. Passing off – Marketing fake Basmati rice grown outside the Indo-Gangetic region.
   

4. Generic misuse – Using a GI name as a generic descriptor (e.g., calling any long-grain rice “Basmati”).
   

5. Trademark conflict – Using a trademark deceptively similar to a GI name.
   

Why GI Infringement Matters

The infringement of geographical indication isn’t just a legal issue — it’s an economic and cultural concern. GIs help preserve traditional knowledge and ensure fair income for local producers.

The Impact of Infringement:

• Economic Loss: Fake products reduce the market value of genuine goods.
  

• Reputation Damage: Misuse dilutes consumer trust in the GI’s authenticity.
  

• Cultural Erosion: GI infringement can destroy centuries-old traditional craftsmanship and heritage.
  

• Consumer Deception: Buyers may unknowingly purchase low-quality imitations, thinking they’re buying genuine products.
  

Protecting GIs, therefore, means protecting livelihoods, heritage, and India’s global image for authentic regional goods.

Legal Protection for GIs in India

The Geographical Indications of Goods (Registration and Protection) Act, 1999, provides comprehensive protection to registered GIs.

Key Features of the GI Act:

• Registration: A GI must be registered with the Geographical Indications Registry in Chennai.
  

• Rights of Proprietors: Only authorized users and producers from the registered region can use the GI.
  

• Term of Protection: A GI registration is valid for 10 years and can be renewed indefinitely.
  

• Civil and Criminal Remedies: Both civil and criminal actions can be initiated against infringers.
  

Legal Remedies Against Infringement:

1. Injunctions – Courts can order infringers to stop using the GI immediately.
   

2. Damages or Account of Profits – Compensation can be sought for economic loss caused by infringement.
   

3. Seizure and Destruction – Confiscation of counterfeit goods and materials.
   

4. Criminal Penalties – In severe cases, offenders may face imprisonment and fines for fraud or misrepresentation.
   

Landmark GI Infringement Cases in India

1. Tea Board of India vs. ITC Limited (2011)

The Tea Board sued ITC for using “Darjeeling Lounge” in its hotel, claiming it misused the GI “Darjeeling.” The Calcutta High Court held that the use did not amount to infringement since it wasn’t misleading consumers into thinking the lounge sold Darjeeling tea.
Takeaway: GI protection applies when consumers are misled about the product’s origin, not mere mention of a place name.

2. Basmati Rice Dispute

India and Pakistan have long fought to protect “Basmati” as a joint GI. In several foreign jurisdictions, attempts by other countries to register “Basmati” trademarks were successfully opposed.
Takeaway: GI protection extends beyond borders, and global enforcement is crucial for internationally known products.

3. Khadi Case (Khadi & Village Industries Commission v. Khadi Design Council of India)

Unauthorized use of the term “Khadi” on products made by non-certified manufacturers led to legal action by the KVIC.
Takeaway: Certification marks and GIs must be actively monitored and enforced to maintain their value.

How to Prevent and Respond to GI Infringement

Steps for Producers and Associations:

1. Monitor Markets and Online Platforms: Keep track of marketplaces, trade fairs, and e-commerce sites for counterfeit goods.
   

2. Collect Evidence: Document photos, samples, and sales records of infringing goods.
   

3. Issue Cease-and-Desist Notices: A formal warning often stops unauthorized use before legal action is needed.
   

4. Engage Legal Counsel: Seek advice from IP professionals to file injunctions or civil suits.
   

5. Customs Enforcement: Work with customs authorities to block counterfeit exports or imports.
   

6. Raise Consumer Awareness: Educate buyers about genuine GI tags and how to verify authenticity.
   

Preventive Measures:

• Register the GI: Ensure legal recognition under the GI Act.
  

• Maintain Quality Standards: Follow the official code of practice for the GI product.
  

• Use Certification Labels: Display the official GI logo to assure consumers of authenticity.
  

• Collective Management: Establish producer associations to enforce quality and handle disputes.
  

The Role of Technology in GI Protection

In the digital era, technology can strengthen GI protection through:

• Blockchain Tracking: Enables transparent supply chains to verify product origin.
  

• QR Codes on Labels: Allows consumers to scan and verify authenticity.
  

• AI-based Monitoring Tools: Detect unauthorized listings on e-commerce sites.
  

Such innovations empower producers and regulators to combat infringement more effectively.

International Perspective on GI Infringement

Globally, GIs are protected under the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) administered by the World Trade Organization (WTO).
Article 22–24 of TRIPS requires member countries to protect GIs against misuse and unfair competition.

India’s GI law aligns with these international obligations, and Indian GIs like Darjeeling Tea and Basmati Rice enjoy global recognition and protection through international registration and bilateral agreements.

Consumer Awareness: How to Spot a Genuine GI Product

Consumers play a key role in combating infringement. Here’s how to identify authentic GI goods:

• Look for the official GI logo and registration number.
  

• Verify the producer’s authenticity through government or association websites.
  

• Avoid suspiciously cheap products claiming premium origin.
  

• Purchase from trusted retailers or certified sellers.
  

Conclusion

The infringement of geographical indication undermines the essence of authenticity, tradition, and fair competition. GIs are more than intellectual property — they represent centuries of craftsmanship, local knowledge, and regional pride.

Protecting them is crucial not just for producers but for India’s identity in the global market. As consumers, policymakers, and producers become more aware, India can continue to strengthen its GI ecosystem — ensuring that every “Darjeeling,” “Mysore,” or “Kanchipuram” label truly reflects its origin.

Final Thoughts

The way forward lies in collective responsibility:

• Producers must uphold quality and monitor misuse.
  

• Consumers must choose authenticity over imitation.
  

• Government and enforcement agencies must ensure prompt action against infringers.
  

By safeguarding GIs, India not only protects its economic interests but also preserves its cultural heritage for generations to come.