UNIT-IV

Patent Rights
Scope of Intellectual Property Rights
Intellectual property rights include copyright, patent, trademark, geographic indication of
origin, industrial design, trade secrets, database protection laws, publicity rights laws, laws
for the protection of plant varieties, laws for the protection of semi-conductor chips (which
store information for later retrieval), etc.
There is a conventional mode of classification of intellectual property as industrial property
and copyrights. Industrial properties include inventions (patent), property interest on minor
invention (Utility model certificate) and commercial interests (Trade Marks, trade names,
geographical indications, and industrial design), plant breeder rights, biodiversity, etc.
Patents
A patent is a type of intellectual property right which allows the holder of the right to
exclusively make use of and sale an invention when one develops an invention. Invention is a
new process, machine, manufacture, composition of matter. It is not an obvious derivation of
the prior art (It should involve an inventive step). A person who has got a patent right has an
exclusive right. The exclusive right is a true monopoly but its grant involves an
administrative process.
Copyright
It is an intellectual property which does not essentially grant an exclusive right over an idea
but the expressions of ideas which makes if different from patent law. Patent is related with
invention - technical solution to technical problems. Copyright is a field which has gone with
artistic, literary creativity- creativity in scientific works, audio-visual works, musical works,
software and others. There are neighbouring rights. These are different from copyright but
related with it – performers in a theatre, dancers, actors, broadcasters, producers of sound
recorders, etc. It protects not ideas but expressions of ideas as opposed to patent.
Copyright protects original expression of ideas, the ways the works are done; the language
used, etc. It applies for all copyrightable works. Copyright lasts for a longer period of time.
The practice is life of author plus 50 years after his/her life. Administrative procedures are
not required, unlike patent laws, in most laws but in America depositing the work was
necessary and was certified thereon but now it is abolished.
Industrial Design Law
Some call this design right (European) and some call it patentable design, industrial design
(WIPO and other international organization). A design is a kind of intellectual property
which gives an exclusive right to a person who has created a novel appearance of a product.
It deals with appearance: how they look like. Appearance is important because consumers
are interested in the outer appearance of a product. It is exclusively concerned with
appearance, not quality.
The principles which have been utilized in developing industrial design law are from
experiences of patent and copyright laws. It shares copyright laws because the design is
artistic. It shares patent law because there are scientific considerations. Design law subsists
in a work upon registration and communication. It makes them close to patent law since
they are also founded in patent law. Duration is most of the time 20 years like the patent law
trademark Rights law.
Trademarks Rights Law
It is a regime of the law giving protection to graphic representation to words or logos or
depending on the jurisdiction question such as sound or smells which are distinctive in
nature and serve as source identification. There is also a recent phenomenon which is
representing goods in their smell and sound. It is to be found on the goods associated with
them. It enables the customer to identify the goods from others. They serve as a source
identifier. Trademarks perform communication function. Once there is a valid
representation, it gives the mark owner an exclusive right. It begins with registration and
publication of the mark. But there are exceptions which serve what trademarks registered
serve which are not registered. It means they deserve protection even though they are not
registered. They exist forever so long as the good with which they are associated continue to
be sold. But they require renewal.
Right of Publicity
It protects the right to use one’s own name or likeness for commercial purposes.
Geographic Indication
It is indications on products of the geographic origin of the goods. It indicates the general
source. The indication relates to the quality or reputation or other characteristics of the
good. For example, “made in Ethiopia” is not influenced by the geographical Indication.
Geographical indications are sometimes called appellations of origin. For example, “Sheno
lega”, “Shampagne” (name of a region in France) are geographical indications.
Trade Secrets
It gives the owner of commercial information that provides a competitive edge the right to
keep others from using such information if the information was improperly disclosed to or
acquired by a competitor and the owner of the information took reasonable precautions to
keep it secret. It protects confidential secrets of some commercial value. The holder of the
secret wants this information to be protected; some protect the holder from an unauthorized
disclosure of the information. A tort law, unfair competition or contract law can protect such
information which is secret /confidential information/. The holder (owner) has to do
his/her best to keep the information secret. Trade secrets exist without registration as it is
to make the information public, for example, the formula of Coca Cola. Information that are
protected in trade secrets can be patentable if they are novel and non-obvious. But it is, most
of the time, not to make the secret public. However, their full-fledged IP rights are
contestable.

Licensing and transfer of technology

Introduction
Technology Transfer (also called Transfer of Technology (TOT) and Technology
Commercialization) are the processes by which the information or knowledge related to the
technological aspects travel within the group or between the organizations or entity. Taking
this to the broader scenario, give rise to International technology transfer in which the
knowledge travels in between the countries, which is not only limited to the Knowledge and
information, rather includes skill transferring, methods of manufacturing, physical assets,
know-how, and other technical aspects, and henceforth helps in further development of the
technology and innovation, by effectively utilizing the technology transferred and finally
incorporating it.
Technology transfer has been used in the movements of technology from the
laboratory to industry or from one application to another domain application or taking
developing countries into consideration technology transfer helps in growing access to
technologies which are related to other developed countries and henceforth helps in
approaching towards the newer technologies and inventions i.e. from Developed to
developing countries.
On the other hand licensing is allowance granted by the patent owner to another
person or organization for using the patented invention on agreed terms and conditions,
while the patent owner continues maintaining his ownership to the patent and hereafter
becomes the source of income by receiving the predetermined royalties or as per the
condition.
So by combining the concept of the technology transfer with the licensing one can
help in taking the benefit of the technology research that has been done previously, as
licensing creates the permissible structure for the transfer of the technology to a larger
assembly of researchers and engineers, which will help in saving the expenses of conducting
the research and the costs of maintaining development activities or facilities and hence will
help in the further development of the technology which has already been done.
As now a days in the era of the advancement in the technologies there are many
technologies which with the combination with the other technologies is giving birth to the
other new advent technologies. so here the licensing do play the important role in providing
the legal platform to utilize the combination of the technologies made or discovered by the
other persons or the organization which has been created earlier, and hereafter prevents
from wastage of the time and the research cost incurred in developing the earlier inventions.
Forms of Technology Transfer:
Technology transfer can be classified into vertical and horizontal technology transfer
Vertical transfer refers to transfer of technology where transmission of new
technologies is done from the generation of new technology during the research and
development programs into the science and technology organizations, for instance, to the
application related to the industrial and agricultural sectors, or we can say that vertical
transfer is the technology transfer commencing from basic research to applied research,
from applied research to development followed by development to production.
While the horizontal technology transfer is the movement of a well-known
technology from one equipped environment to another (from one company to another) or
say refers to the transfer and use of technology used in one place or organization to another
place or organization.
As discussed above generally developed countries follow the route:-
Research -> Development -> Design -> Production
While less advanced and developing countries follow the route:-
Production -> Design -> Development -> Research
Generally there are the reverse trends in the developing countries because the path to be
followed depends upon the transfer, absorption, and adaptation of existing technology
Today in the era of advent in technology one could choose any of the routes of the
technology transfer which depends upon how the technology advancement chains of the
transferor and transferee are associated.
Advantages Related To Technology Transfer:
The advantages related to technology transfer comprises of the essential gain to the
public who benefits from the manufactured goods that get to the market and ultimately the
availability of the jobs which results from the improvement and sale of the products so
formed. And hence it encourages use of technology developed and the benefiting to the
society development which comes from the revenue of the tax payers. And escalating
visibility to researchers and allows researcher to generate and earn royalty income and
henceforth attaining financial profits for the government and the employees from royalty
payments for those technology transfers that involve patent licenses.
Moreover resulting in commercialization of the researches and the discoveries made,
which was the course of the investment done for the development and being protected by
the patent. Hereafter all the Investments done in the course of the development in
intellectual property are returned to the public through products made for the public,
opportunity of more employment, and revenue in the form of taxes.
Technology transfer strengthens industry by identifying new business opportunities
which contributes to enhancing the know-how and competitiveness of the technology
providers, which ultimately results in broadening the business area and re-focusing to the
technologies and systems to serve several different fields. In addition, technology transfer
promotes the wider use and awareness of technology and systems.
Technology transfer brings economic benefits by increasing revenues for both
technology donors and receiver's benefits with new and better products, processes, and
services that lead to increased efficiency and effectiveness, greater market share and
increased profits.
 Moreover technology transfer helps in earning rewards which is above and beyond
the regular salary which is received through patents, licenses, and other technology transfer
awards which help in benefiting intellectually and professionally through working
collaboratively with their peers in the industrial sector.
Disadvantages Related To Technology Transfer
As technology transfer is keen or meant for the business oriented activity, hence forth
there can be the chances to have financial or commercial risk, as we are well aware that
Licences can generate the income, but patent application which are not licensed will only
cost money.
Even when the transfer programme related to the technology transfer is successful or
in particular after technology transfer institutional tensions may arise within the
organization which may be in between the recipient of licensing income and those who
know they will never make utilizable inventions. For the sake of remedy in those
circumstances Institutional policies can be made aiming to have partial rearrangement of
income received by license between all research groups but, using this strategy may not
eradicate the problem rather in most of the cases discoverer will be frustrated or
disappointed because the income that they have earned is given to other groups. Technology
transfer activities may put researchers in conflict of interest situations, especially when the
transfer involves the creation of the spin- off company, hence Institutions should be aware of
these possible dangers.
Moreover problem can be because of non-performance of licensee. And may be the
licensee has limited chances beyond the license scope unless future enhancements to patent
included in initial agreement and Unrealistic expectations and demands from licensor.
Indian Scenario Regarding the Licensing and Technology Transfer
Technology in India is growing exponentially and has played an important role in all
round development and growth of economy in the country, India has opted for a wise mix of
original and imported technology. Henceforth "Technology transfer" plays a very important
role and is generally covered by a technology transfer agreement.
Developing countries like India generally not follow the usual path for development
with regard to technologies but use their advantage in the cutting edge technology options
which is now available and put the tools to use this modern technology.
Technology transfer is assumed to get benefits from R&D which is shared with the
developing and underdeveloped countries , so taking this to the point of consideration
National research laboratories is been constructed by the Indian government for the
purpose of R&D which is yet to be commenced by the private sectors.
India generally comprises of Small and medium enterprises and is growing since
liberalization, which has resulted in growth of The multinational enterprises, which in turn
is competing with the international companies which has enhanced the confidence of India.
Not only confined to the pharmaceuticals but is broadly categorized in other areas too such
as agriculture, dairy and other technologies.
Government of India is in the verge to open Technology Transfer Offices, Universities,
institutions which will be funded by central government and will acts as mechanism for
transferring or exporting the research conducted and its outcome to the desired place.
Though some of the Indian Institutes have been already commercializing their
research and are successful in technology transfer in which they have been licensed as
technologies to industry. Moreover, numerous cases of technology transfer are seen in India
by various well-known institutions.
Conclusion
Technology transfer and its licensing have played a crucial role in all round
development and the advent of the technology which in results help in the development of
the economy of the country. Hence forth helps in creating the wealth to the country. India as
a developing country need to work on the technology development and technology transfer
and needs to make a building strategy comprising of the construction of new offices related
to technology transfer and to make youngsters aware to the benefits related to the
technology transfer, by establishing the specified universities and henceforth increasing the
pace of the technology transfer and technical research and development in technical
perspective.
Finally as discussed we can conclude that there is the possible advantage and disadvantage
of the technology transfer. But we have to see this in the broader aspect so that our country
as well as the citizen of our country should be benefited.

Patent Databases

It is a repository of data related to the issued patents and published applications. All the
relevant data related to patents, i.e. patent number, claims, specification, review, reference
etc., are collected and maintained in a patent database. The first large public patent database
was launched by USPTO in November 1995. The USPTO database now contains information
regarding 326,033 granted patents and 615,243 patent applications as per United States
(US) Patent Statistics Chart, 2014. The database is updated weekly on every Tuesday when
new patents are issued. The EPO’s ESPACENET system is the largest public database, which
contains more than 90 million patent documents from 80 countries, containing information
about inventions and technical developments from 1836 onwards. The commercial online
patent databases appeared in the early 1980s, followed by Compact Disc-Read Only Memory
(CD-ROMs) a few years later. Currently there are more than 100 free and subscription patent
and patent-related databases on the World Wide Web. The list of different types of patent
databases available.
National and Multinational Patent Databases
Patent offices of various countries collect, maintain and store all the information about the
patent applications filed and granted in their respective areas. This information is stored in
patent databases which is freely available online. These databases also contains link to
patent database of other countries. They provide full text, CD ROMs, and search tools for
accessing the patent information stored in patent database. Multinational patent databases
are the most comprehensive database of patent documents available in the world. They
provide access to patent-related publications; provide multilingual support, contains
bibliographic collections, co-citation analysis, machine translations, PDFs, drawings,
simple/extended families with legal status, corporate tree, etc. The various regional, national
and multinational patent databases are freely available and their websites are listed.
Commercial Patent Databases
There are many commercial patent databases that offer more useful services, such as,
translations of patent information, additional systematic classification based on chemical
structures, reactions, biological sequences, etc. These commercial databases provide value
added services such as patent family based data, manually corrected bibliographic data,
graphical patent family analysis, identification of top assignees, top classifications, and top
countries of filing, etc. The major commercial fee based patent databases are listed in Table.
Patent Databases in Indian Context
In India, the IPR related issues came into prominence after a while when global community
started implementing it. As India started moving into a global trade regime, the necessity of
Indian patent databases also rose into prominence. There are few relevant patent databases
in Indian context. The major databases in this regard are:
INPAIRS Version 2 – It is freely accessible online patent search engine maintained by
Government of India to search Indian patents. The patents filed and granted in India can be
accessed through INPAIRS. The database also provides information on published
applications and application status. We can also access the Patent Agent Register and the
Patent validity with renewal fee. The database also provides access to PCT patents using the
international patent number. There is patent search engine help tool, which helps to easily
access the database for patent information.
MCPaIRS (Molecular Connections Patent Information Retrieval System) – It is a
commercial patent database maintained by Molecular Connections. MCPaIRS helps to search
the full text of patents published in India. The data is processed by experts and is available
for use through web interface. The database comprises an elegant front page with
bibliographic details, application status, legal status information, etc. for all patents. The
database contains patent information from 1981 and is updated weekly. It is also supported
by commercial patent literature databases i.e. PatBase, Thomson Innovation, Questel Orbit,
STN, SciFinder, Lexis Nexis, etc. and Non-Patent Literature databases.
EKASWA A, B and C Database – These are the first Indian patent searchable databases
available in CDROM and Web. Ekaswa A contains patent applications filed in India from
January 1995 to December 2004. Ekaswa B contains patent applications notified for
opposition in India from January 1995 to December 2004. Ekaswa C has access to patent
applications published in Official Journal of Patent Office published from January 2005 to
June 2007. This database is managed by Technology Information, Forecasting and
Assessment Council (TIFAC)
INPAT(Indian Patent Database)– It is a bibliographic database which provides information
on 52,624 patents granted in India during the period spanning between 1975-2002. The
database delivers information on patent title, applicant(s) name(s), inventor(s) name(s),
patent number, application number, application date, publication date, IPC code, etc.
Searching a Patent Database The awareness on how to search a patent database is
essential in order to get maximum information on several areas of patent search. There are
different tasks for which patent search are conducted, such as:
(i) Patentability search – This is the first step in patent search in order to check whether
your invention is valid, original and also to check whether there exist inventions
similar to yours. Thus it would be best if we conduct patentability search before the
development of the invention.
(ii) State-of-the-art search – The search is done to get information related to prior
technology in particular fields. The researcher or the inventor will get a better idea
about prior inventions in their new technical field of research. The state of the art
search will help to widen scope or to conduct more effective and strategic research
work.
(iii) Monitoring/legal status search – It helps to monitor the legal status of a granted
patent or patent application.
(iv) Bibliographic search – The search is done to get background information on the work
done in the specified area in chronological order. The search is performed as personal
background search, history search, and chronological search.
(v) Infringement search – An infringement search is done to check whether our patented
product can infringe already existing patents in other countries. It will monitor the
claims of non-terminated patent to check for infringement.
(vi) Validity search – It helps the inventor to monitor the validity of non-terminated
patents. The search will also help to get knowledge on the technological defects in the
patent which can hamper its validity before termination. The validity search requires
the usage of advanced analysis techniques in order to determine the relevance of
patent claims and its originality.
(vii) Patent to product mapping search – This is a comprehensive method to get
information on technology development trends, competitor styles, market
involvement, product growth, and determining the scope and utilization of
information for patent procurement through examination and mapping of data to
enable research and development.
 For an effective prior art search in various patent databases, the patentee should have
a basic idea about the terms and techniques related to the invention. This awareness will
ease patent search. The several search criteria’s to retrieve patent information are keywords
or phrases, patent classification Systems i.e., International Patent Classification (IPC),
Coopérative Patent Classification (CPC), etc., date of filling/grant/publication etc., patent
reference or identification numbers (application number, patent number, PCT number) and
names of applicants/ assignees or inventors and invention title.
The detailed patent search will help the applicant/patentee to answers various
questions regarding his invention like what does the invention do? What should be the end
result of the invention? How does it work? etc. The patent databases can be searched
normally using keywords or phrases describing the technology or invention. However,
keyword searching in patent databases is sometimes problematic. When we search using
English keywords in patent databases using foreign languages we won’t get accurate search
result, e.g. If we conduct a keyword search in JPO patent documents about half the total
issued patents are undetectable to keyword searches. Multinational patent databases like
PatentScope and Espacenet cover patents in many languages hence it would be more useful
for keyword searches.
The best way to search in patent database without any error is to perform
classification search. The patent offices worldwide have developed classification systems - a
standard system to identify technology groups to which the innovation belongs. The three
commonly used patent classifications are the U.S. Patent Classification, International Patent
Classification and the European Classification. The Cooperative Patent Classification (CPC)
up-to-date and internationally compatible classification scheme covers the USPTO and EPO
patent documents. These classification systems are based on the international nature of the
patents and hence are independent of languages. Searching patent documents by patent
classification will help to overcome the pitfalls caused by keyword searching.
Searching of patent documents is a step-by-step process; initially the search should
be done in broad and related area followed by fine and more focused searches. Patent
information is obtained through various patent databases and there are patent search
tutorials available in most free online patent databases. To begin with patent search; the
major patent databases i.e. USPTO, WIPO (PatentScope), EPO (Espacenet) and JPO should be
accessed. Similar searches should also be done in different regional and national patent
databases to do a comparative study and get more information related to our invention at
regional level. For value added services such as, patent family based data, manually
corrected bibliographic data, graphical patent family analysis, identification of top assignees,
top classifications, top countries of filing, etc. it would be better to access commercial fee
based databases.

Geographical Indications of Goods

Geographical Indications of Goods are defined as that aspect of industrial property which
refers to the geographical indication referring to a country or to a place situated therein as
being the country or place of origin of that product.
What is a Geographical Indication?
 It is an indication
 It originates from a definite geographical territory.
 It is used to identify agricultural, natural or manufactured goods
 The manufactured goods should be produced or processed or prepared in that
territory.
 It should have a special quality or reputation or other characteristics
Examples of Indian Geographical Indications –
 Solapur Chaddar
 Solapur Terry Towel
  Basmati Rice
 Darjeeling Tea
 Kanchipuram Silk Saree
 Alphanso Mango
 Nagpur Orange
Laws relating to Geographical Indication of Goods;
Geographical Indications of Goods (Registration and Protection) Act, 1999 and The
Geographical Indications of Goods (Registration and Protection) Rules, 2002 deal with
registration and better protection of geographical indications relating to goods. The primary
purpose of this Act is to provide legal protection to Indian Geographical Indications which in
turn boost exports. Registration of Geographical indication promotes economic prosperity of
producers of goods produced in a geographical territory.
According to the Act, the term 'geographical indication' (in relation to goods) means
"an indication which identifies such goods as agricultural goods, natural goods or
manufactured goods as originating, or manufactured in the territory of a country, or a region
or locality in that territory, where a given quality, reputation or other characteristic of such
goods is essentially attributable to its geographical origin and in case where such goods are
manufactured goods, one of the activities of either the production or of processing or
preparation of the goods concerned takes place in such territory, region or locality, as the
case may be".
Registration of Geographical Indication
The registration of a geographical indication is not compulsory; however, it offers
better legal protection to facilitate an action for infringement. The registered proprietor and
authorized users can initiate infringement actions. The authorized users can exercise the
exclusive right to use the geographical indication.
The registration of a geographical indication is valid for a period of 10 years. It can be
renewed from time to time for further period of 10 years each. If a registered geographical
indication is not renewed it is liable to be removed from the register.
Procedure for Filing application for registration of Geographical Indication
I. Form and signing of application
1. Every application for the registration of a geographical indication should be made in
the prescribed form (GI-1A to ID) accompanied by the prescribed fee (Rs.5,000).
2. It should be signed by the applicant or his agent.
3. It must be made in triplicate along with three copies of a Statement of Case
accompanied by five additional representations.
II. Fees
1. Fees may be paid in cash or sent by money order or by a bank draft or by a cheque.
2. Bank Drafts or cheques should be crossed and be made payable to the Registrar at
the appropriate office of the Geographical Indication Registry.
3. It should be drawn by a scheduled bank at the place where the appropriate office of
the Geographical Indications Registry is situated.
4. Where a document is filed without fee or with insufficient fee such document will be
deemed to have not been filed.
III. Sizes
1. All applications should be typewritten, lithographed or printed in Hindi or in English.
2. It should in large and legible characters with deep permanent ink upon strong paper,
on one side only.
3. The size should be approximately 33 cms by 20 cms and shall have on the left and
part thereof a margin of not less than 4 centimeters.
IV. Signing of documents
1. In case of –
i. An association of persons or producers shall be signed by the authorized
signatory.
 ii. A body corporate or any organization or any authority established by or under
any law for the time being in force shall be signed by the Chief Executive, or the
Managing Director or the secretary or other principal officer.
iii. In case of partnership it shall be signed by at least one of the partners.
2. The capacity in which an individual signs a document should be stated below his
signature.
3. Signatures should be accompanied by the name of the signatory in English or in
Hindi and in capital letters.
V. Principal place of business in India
1. Every application for registration of a G.I should state the principal place of business
in India.
2. A body corporate should state the full name and nationality of the Board of
Directors.
3. Foreign applicants and persons having principal place of business, in their home
country should furnish an address for service in India.
4. In the case of a body corporate or any organization or authority established by or
under any law for the time being in force, the country of incorporation or the nature
of registration, if any as the case may be should be given.
VI. Convention Application should contain the following
1. A certificate by the Registry or competent authority of the Geographical Indications
Office of the convention country.
2. The particulars of the geographical indication, the country and the date or dates of
filing of the first application.
3. The application must be the applicants’ first application in a convention country for
the same geographical indications and for all or some of the goods.
4. The application must include a statement indicating the filing date of the foreign
application, the convention country where it was filed, the serial number, if
available.
VII. Statement of user in applications an application to register a geographical indication
should contain a statement of user along with an affidavit.
VIII.Content of Application Every application should be made in the prescribed forms and
shall contain the following:
1. A statement as to how the geographical indication serves to designate the goods as
originating from the concerned territory in respect of specific quality, reputation or
other characteristics.
2. The three certified copies of class of goods to which the geographical indication
relates.
3. The geographical map of the territory.
4. The particulars of the appearance of the geographical indication words or figurative
elements or both;
5. A statement containing such particulars of the producers of the concerned goods
proposed to be initially resisted. Including a collective reference to all the producers
of the goods in respect of which the application is made.
6. The statement contained in the application should also include the following:
An affidavit as to how the applicant claim to represent the interest of the
association of persons or producers or any organization or authority established
under any law;
The standard benchmark for the use of the geographical indication or the
industry standard as regards the production, exploitation, making or manufacture of
the goods having specific quality, reputation or other characteristic of such goods
that is essentially attributable to its geographical origin with the detailed
description of the human creativity involved, if any or other characteristic;
 The particulars of the mechanism to ensure that the standards, quality,
integrity and consistency or other special characteristic are maintained by the
producers, or manufacturers of the goods; Three certified copies of the map of the
territory, region or locality; The particulars of special human skill involved or the
uniqueness of the geographical environment or other inherent characteristics
associated with the geographical indication; The full name and address of the
association of persons or organization or authority representing the interest of the
producers of the concerned goods; Particulars of the inspection structure; In case of
a homonymous indication, the material factors differentiating the application from
the registered geographical indications and particulars of protective measures
adopted.
IX. Acknowledgement of receipt of application:
1. Every application of the registration of a geographical indication in respect of any
goods shall, on receipt be acknowledged by the Registrar.
2. The acknowledgement will be by way of return of one of the additional
representations with the official number of the application duly entered thereon

Infringement of Geographical Indication

A registered geographical indication is infringed if an unauthorized user uses it to
indicate or suggests that certain goods originate from a geographical area other than the
true place of origin in a manner which misleads the public as to the geographical origin of
the goods, or when use of the geographical indication results in unfair competition. This
includes passing off in respect of a registered geographical indication, or when the use of
another geographical indication results in false representation to the public that goods
originate from a territory in respect of which there is a registered geographical indication.
The registered proprietor or the authorized users of a registered geographical indication can
initiate an infringement action.