GI Tag Enforcement & Anti-Counterfeiting Services

Securing a Geographical Indication (GI) tag is only the first battle; actively defending it against unauthorized commercial exploitation and counterfeiters is essential to preserving its economic and cultural value. Once a GI is registered under the Geographical Indications of Goods (Registration and Protection) Act, 1999, any unauthorized trader or manufacturer who uses the GI tag, brand names, or deceptive packaging on products originating outside the registered territory commits statutory infringement under Section 22 and criminal falsification under Section 39 of the Act. Counterfeit GI goods—such as machine-made power-loom sarees sold as authentic Kanchipuram silk or chemical tea blends marketed as Darjeeling Tea—destroy consumer trust, erode price premiums, and steal the rightful livelihoods of indigenous artisans and farmers.

At IPRO, our specialized IP Litigation and Anti-Counterfeiting Enforcement Team provides robust legal protection for GI Registered Proprietors, statutory boards, and Authorized Users. We deploy a aggressive multi-pronged enforcement strategy: conducting covert market surveillance and sample testing, issuing legal cease-and-desist notices, executing rapid e-commerce takedowns across portals like Amazon and Flipkart, and coordinating search-and-seizure criminal raids with law enforcement agencies under Section 67 of the Act. Furthermore, we assist GI associations in recording their rights with Indian Customs under the ICEGATE IP Enforcement Rules—empowering border officers to seize counterfeit exports and imports before they reach the market.

Under the statutory provisions of the Geographical Indications of Goods Act, 1999, the legal standing to initiate civil infringement lawsuits or criminal complaints is governed by clear statutory guidelines:

• Registered Proprietors (Associations & Statutory Boards): The organization, cooperative society, or government authority that holds the primary GI Registration Certificate has the absolute statutory right to initiate civil suits, seek court injunctions, and file criminal complaints against infringers nationwide. • Registered Authorized Users (Form GI-3 Holders): Individual producers, farmers, or artisans who have successfully registered as Authorized Users under Section 17 of the Act have equivalent legal standing to sue for infringement and claim damages in their own right, or alongside the Registered Proprietor. • Unregistered Producers Precluded: Producers who reside within the geographical territory but have failed to register as Authorized Users under Form GI-3 cannot independently institute an infringement lawsuit for statutory damages under the GI Act. • Evidence of Misrepresentation: To sustain an enforcement action, there must be clear evidence that the infringer is using words, logos, emblems, or packaging that mislead the public regarding the true geographical origin of the goods, or that constitute unfair competition under international treaties.