Section 22:
Infringement or registered geographical indications.
(1) A registered geographical indication
is infringed by a person who, not being an authorised user thereof,--
(a) uses such geographical indication by any means in the designations or presentation of goods
that indicates 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 persons as to the geographical origin of such
goods; or
(b) uses any geographical indication in such manner which constitutes an act of unfair
competition including passing off in respect of registered geographical indication.
Explanation 1.--For the purposes of this clause, act of unfair competition means any act of
competition contrary to honest practices in industrial or commercial matters.
Explanation 2.--For the removal of doubts, it is hereby clarified that the following acts shall be
deemed to be acts of unfair competition, namely:--
(i) all acts of such a nature as to create confusion by any means whatsoever with the
establishment, the goods or the industrial or commercial activities, of a competitor;
(ii) false allegations in the course of trade of such a nature as to discredit the establishment,
the goods or the industrial or commercial activities, of a competitor;
(iii) geographical indications, the use of which in the course of trade is liable to mislead the
persons as to the nature, the manufacturing process, the characteristics, the suitability for their
purpose, or the quantity, of the goods;
(c) uses another geographical indication to the goods which, although literally true as to the
territory, region or locality in which the goods originate, falsely represents to the persons that the
goods originate in the territory, region or locality in respect of which such registered geographical
indication relates.
(2) The Central Government may, if it thinks necessary so to do for providing additional protection to
certain goods or classes of goods under sub-section (3), by notification in the Official Gazette, specify
such goods or class or classes of goods, for the purposes of such protection.
(3) Any person who is not an authorised user of a geographical indication registered under this Act in
respect of the goods or any class or classes of goods notified under sub-section (2), uses any other
geographical indication to such goods or class or classes of goods not originating in the place indicated by
such other geographical indication or uses such other geographical indication to such goods or class or
classes of goods even indicating the true origin of such goods or uses such other geographical indication
to such goods or class or classes of goods in translation of the true place of origin or accompanied by
expression such as 'kind", "style", imitation or the like expression, shall infringe such registered
geographical indication.
(4) Notwithstanding anything contained in this section, where the goods in respect of which a
geographical indication has been registered are lawfully acquired by a person other than the authorised
user of such geographical indication, further dealings in those goods by such person including processing
or packaging, shall not constitute an infringement of such geographical indication, except where the
condition of goods is impaired after they have been put in the market.