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When is a registered Geographical Indication said to be infringed?

When is a registered Geographical Indication said to be infringed?

When an unauthorised user uses a GI 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 mislead the public as to the geographical origin of such goods.

When the use of geographical indication result in an unfair competition including passing off in respect of registered geographical indication.

When the use of another geographical indication results in false representation to the public that goods originate in a territory in respect of which a registered geographical indication relates.

A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.


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