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Offences and Penalties in GI

The document outlines the concept of Geographical Indications (GIs) in India, which protect regional products and their heritage under the Geographical Indications of Goods (Registration and Protection) Act, 1999. It details the offences related to the misuse of GIs, including false application and falsification, and specifies the penalties for such offences, which can include imprisonment and fines. The document emphasizes the importance of protecting the authenticity of GIs to benefit local producers and maintain the integrity of regional goods.

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304 views3 pages

Offences and Penalties in GI

The document outlines the concept of Geographical Indications (GIs) in India, which protect regional products and their heritage under the Geographical Indications of Goods (Registration and Protection) Act, 1999. It details the offences related to the misuse of GIs, including false application and falsification, and specifies the penalties for such offences, which can include imprisonment and fines. The document emphasizes the importance of protecting the authenticity of GIs to benefit local producers and maintain the integrity of regional goods.

Uploaded by

Het Doshi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Offences and Penalties in GI

Geographical Indications refer to any such sign (denominations of origin), that identifies that any
article related to goods has originated in such a specific region and with particular qualities or a
reputation linkable to that region; these goods are often local factors, like geography and climate,
or cultural practice; in India, GIs, like other countries, are under the Geographical Indications of
Goods (Registration and Protection) Act, 1999.

Examples of GIs found in India are:

• Darjeeling Tea – Famous for its distinctive fragrance, produced in Darjeeling, West Bengal.

• Kancheepuram Silk – Famous silk, made in the town of Kancheepuram, Tamil Nadu.

• Mysore Silk – Famous for its purity and quality, produced in Mysore, Karnataka.

These GIs protect the regional heritage and ensure that the benefits reaped from such products go
to local producers.

Infringement of GI

A registered geographical indication is infringed by a person who, not being an authorised user:

• Uses the G.I. on the goods or suggests that such goods originate in a geographical area other than
the true place of origin of such goods in a manner which misleads the public; or

• Uses the G.I. in a manner that constitutes an act of unfair competition; or

• Uses another G.I. to the goods in a manner, which falsely represents to the public that the goods
originate in the territory, region or locality in respect of which such registered G.I. relates.

What Amounts to an Offence?

A person will be considered to have committed offence under the GI Act in the following
circumstances:

i) falsely applying geographical indication;

ii) falsifying a geographical indication.

Under the GI Act, applying a geographical indication has specific meaning. A person is deemed to
apply a geographical indication to goods in any of the following situations:

The GI is applied to goods themselves or to any package in which goods are sold, or is possessed
for any purpose of trade or manufacture;

• If any goods meant for sale or any purpose of trade or manufacture are enclosed with any
package or thing for which a GI has been applied;

• Using a GI in connection with goods in any manner likely to lead to the belief that the GI
designates or describes the said goods; or
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• Using a GI in relation to certain goods in any commercial document (including advertisement,


invoice, catalogue, business letter etc.) and delivering the goods to a person following a request
made with reference to the GI so used.

A GI is considered to be applied to goods when it is woven in, or impressed on, or otherwise


worked into or annexed or affixed to the goods or to any package or other thing.

A person will be held to falsify a geographical indication if he

i) applies that geographical indication or a deceptively similar geographical indication


without the assent of the authorised user; or

ii) falsifies any genuine geographical indication by alteration, addition, effacement, etc.

Further, a person is held to falsely apply a geographical indication to goods if without the assent
of the authorised user, he

i) applies such geographical indication or a deceptively similar geographical indication to


any goods or any package containing goods; or

ii) uses any package bearing a geographical indication which is identical with or deceptively
similar to the geographical indication of such authorised user for the purpose of packing,
filling or wrapping therein any goods other than the genuine goods of the authorised
user of the geographical indication.

In a prosecution for falsifying or falsely applying a geographical indication to goods, the burden
of proving the assent of the proprietor lies with the accused.

Penalty for Offences

The punishments for the offences committed by the accused are as under: For applying false
geographical indications:

A person who does any of the following things will be punishable with imprisonment for a term
between six months and three years and a fine between fifty thousand rupees and two lakh
rupees.

i) falsifies any geographical indication; or

ii) falsely applies to goods any geographical indication; or

iii) makes, disposes of, or has in possession, any die, block, machine, plate or other
instrument for the purpose of falsifying a geographical indication, or

iv) applies to any goods a false indication of country, place, manufacturer’s name or
address; or

v) tempers with an indication of origin applied to any goods.


3

For Selling Goods to which False Geographical Indication is Applied

A person who sells or lets for hire, or has in possession for sale, goods or things to which any false
geographical indication is applied is punishable with imprisonment for a term which is not less than
six months but may extend to three years and with fine ranging from fifty thousand to two lakh
rupees.

The court may reduce the term of imprisonment or the amount of fine below the minimum as
prescribed if adequate special reasons exist. These reasons are to be mentioned in the judgment.
However, it is open to the alleged offender to prove that at the time of the alleged offence that all
reasonable precautions against committing such offence had been taken, and there was no reason
to suspect that the GI was not genuine or that any offence had been committed in respect of the
goods.

For Falsely Representing a Geographical Indication as Registered A person shall be punishable


with imprisonment for a term which may extend to three years, or with fine, or with both for making
any representation falsely representing a geographical indication as registered geographical
indication.

For Improperly Describing a Place of Business as Connected with the Geographical Indications
Registry If any person uses on his place of business, or on any document issued by him, or
otherwise, words which would reasonably lead to the false belief that his place of business is, or is
officially connected with the Geographical Indications Registry, he shall be punishable with
imprisonment for a term which may extend to two years, or with fine, or with both.

For Falsification of Entries in the Register A person who makes or causes to be made a false
entry in the Register of the Geographical Indications shall be punishable with imprisonment for a
term which may extend to two years, or with fine, or with both.

However, no punishment will be given if he proves that he acted without intent to defraud. The
court may award a lesser term of imprisonment, and a lesser fine if there are adequate and special
reasons to be recorded in the judgment

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