Protection of Geographical Indications in India . By Alok Gupta Advocate Delhi.
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Examples Feni (liquor) from Goa, Paithani and Banaras saree, Kanchipuram silk saree, Nagpur oranges, Alphonso Mangoes (many other varieties), Kolhapuri chappals, Lonavala Chikki, TirunelveliHalwa,foodstuffs like Mysore rasam and many others
Darjeeling tea, Basmati Rice, Bikaneri Bhujia,
1. Identify the good and its area of geographical origin.
2.Possess a given quality, reputation or other characteristics which
3.Is essentially attributable to its area of geographic origin.
Manufactured goods over a period of time while agricultural goods easily discernable.
d. which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or
e. which would otherwise be disentitled to protection in a court; or
f. which are determined to generic names or indications of goods and are, therefore, not or ceases to be protected in their country of origin, or which have fallen in to disuse in that country; or
g. which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be.
The Act provides that once the GI is registered, an infringement action can be initiated both by the registered proprietor and by authorised users whose names have been entered on the Register.
A registered GI is infringed by a person who not being an authorised user, uses such GI by any means in the designation or presentation that indicates or suggests that such goods originates in a geographical area other than the true place of origin of such goods in a misleading manner or uses a GI which constitutes an act of Unfair competition (Act explains it as dishonest practices).