Section 2 of GIG Act, 1999 : Section 2: Definitions And Interpretation

Explanation using Example

Imagine a scenario where a group of farmers from the Darjeeling region in India apply to register 'Darjeeling Tea' as a geographical indication (GI) under the Geographical Indications of Goods (Registration and Protection) Act, 1999. They form an association to collectively represent their interests and become the registered proprietors of the GI once it is registered. This means that the phrase 'Darjeeling Tea' is recognized as originating from the Darjeeling area, and the tea's qualities are essentially attributable to its geographical origin.

After registration, a tea company from another region attempts to sell their tea as 'Darjeeling Tea' despite it not being grown in Darjeeling. As the term is now a registered GI, the association of Darjeeling farmers, as the authorised users, can take legal action against the company for misusing the geographical indication. The tea company's use of 'Darjeeling Tea' is deceptively similar to the registered GI and is likely to deceive consumers and cause confusion about the origin of the goods.

The case could be brought before a district court, and if the court rules in favor of the Darjeeling farmers, it would prevent the misuse of the 'Darjeeling Tea' geographical indication, protecting the reputation and economic interests of the legitimate producers in Darjeeling.