Role of Authorities in GI Mark Infringement Cases


Geographical Indication (GI) is a form of intellectual property right that safeguards product names based on the specific region of origin. With the happen of an unauthorized use, GI Mark infringement is already at large. Because of this, the very presence of the representatives in the form of authorities is extremely vital. It not only defends the original producers but also takes care that no consumers buy fake or possibly harmful products.

What is GI Mark Infringement?

GI Mark infringement happens when a given geographical indication is utilized by an unregistered participant. It may include cases of false representations, giving wrong labels, or imitation of the already protected under the GI status items. For example, if the product “Darjeeling Tea” does not fulfill the official standards or origin and is still sold in this name, it will be regarded as an infringement.

As per the Geographical Indications of Goods (Registration and Protection) Act, 1999 of India, the registration and the exclusive rights of GI marks are established and infringements are outlawed and punishable.

Authorities Involved in GI Mark Infringement Cases

When GI infringement takes place, various authorities play a key role in investigation, enforcement, and legal action. Their efforts ensure that authenticity and economic value tied to the GI-marked products are preserved.

1. Geographical Indications Registry

The GI Registry is the primary body responsible for the registration of GI marks in India. Located in Chennai, it operates under the Office of the Controller General of Patents, Designs and TradeMarks. This authority:

  • Maintains the official GI Register.

  • Handles complaints related to the misuse or wrongful registration of GI marks.

  • Coordinates with legal and enforcement bodies during infringement cases.

By ensuring the database is up to date and accurate, the GI Registry serves as the first line of protection.


2. Intellectual Property Appellate Board (IPAB)

Out of the 2021, the High Courts replaced the IPAB method of hearing appeals and disputes, but the IPAB was the mainstay in earlier cases related to GI mark conflicts. Presently, the jurisdictional High Courts are in charge of the resolution of the GI Mark violations cases.

When the mark authenticity is in doubt or when infringement issues are involved, the enforcement agencies go to the High Court for judicial protection.

3. Enforcement Agencies: Police and Customs

The law enforcement agencies are extensively involved in the administration of the law, in particular, they are very active in bringing the guilty infringers to justice. The police have the authority of confiscating the fake products and capturing the persons who are engaged in the sale of such products that are falsely labeled with GI tags.

Where a clear infringement is identifiable, a warrantless search and seizure can take place under Section 39 of the GI Act. The Authorities at Customs also take an active role in preventing infringing goods from being shipped out or arriving at the designated port.

The year 2020 saw a situation where a consignment of fake "Basmati Rice" being exported was seized at the customs level when active GI mark protection activities took place.

4. State and Central Government Bodies

Besides the support from the state and central government, there are also departments at the state and central level that provide support of the following nature:

  • Department for Promotion of Industry and Internal Trade (DPIIT)

  • Ministry of Commerce and Industry

  • State Handicrafts and Handloom Boards

It is worth noting that these bodies are well known for the awareness work of the GI Rights, which is the first step in the fight against misuse of GI Mark, and for their education and training services to the enforcement officers who can then work on identifying and reporting misuse of the GI Mark.

In many areas, the task forces have been created to enforce strict monitoring of the flagship products, such as Kashmir Pashmina, Mysore Silk, or Banarasi Sarees.


Legal Actions and Penalties in GI Infringement

An Indian Law considers GI Mark infringement to be a cognizable offence. The following penalties can be imposed as provided by the act:

  • Imprisonment up to three years

  • Fines up to ₹2 lakh

  • Seizure and destruction of infringing goods

Civil remedies like obtaining an injunction, damages, and account of profits can be sought by the GI mark holders. Pointing out the product under question is not the one that comes from the defined area or that the product does not meet GI criteria very often serve as the burden of proof.

Role of Courts in Upholding GI Rights

The judiciary has a very big role in defining and supporting the rights of GI mark infringement victims. Courts look into the following before giving a judgment:

  • Whether the mark was registered.

  • If the product meets the criteria of a GI good.

  • The nature and extent of infringement.

  • The economic and reputational harm caused to original producers.

There are several rulings, for instance with Darjeeling Tea, which are very important in these respects, where courts have vindicated the rights of GI holders thus balking counterfeiters.

Reasons for the Involvement of Authorities

Authority's involvement in GI infringement cases plays a more important role than just to force things through simply by police action. Its function lies in:

  • Maintaining the credibility and trust of the customer by ensuring that the products are not counterfeited by checking them.

  • Preventing cultural and regional heritage from being wiped away.

  • Enforcing and securing the economic rights of craftsmen and farmers.

If the markets are not kept in check, counterfeit GI products will pour in, this situation will occur which will ruin the image and the financial stability of the original producers.

Capacity Building and Awareness Programs

Authorities have even been seen to be part of capacity-building programs, such as workshops and training sessions, which are aimed at getting through to:

  • Police.

  • Border authorities.

  • Home-grown inventors and employers.

Through these sessions, the participants are made conscious of how the brand protection of a well-known geographical indication (GI) and the detection of violations can take place.

One way in which this knowledge was imparted to the people was by the Department for Promotion of Industry and Internal Trade who launched the 2021 GI Logo...

Conclusion

The forgery of GI marks will not only cause irreparable damage to the economy and traditional values of the areas, but also the infrastructure that supports them. However, through the working of different authorities like the GI Registry, the High Court, the enforcement agencies, and the government departments, the protection system has been made strong and difficult to bypass.

At the same time, monitoring, legal enforcement, consumer awareness, and policy support are areas that the active enforcement of rights is contributing, thus, the Geographical Indications are being safeguarded, and authentic producers are still in business.

For the proper functioning of the system, continuous interaction among the authorities, producers, and consumers is a very important thing. Thus, not only is it possible to prevent GI Mark forging, but it is also a way to protect India’s cultural and geographical landscape that is so unique and thereby enhancing the quality of life of current and future generations.

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