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A Geographical Indication (GI) identifies goods as originating from a specific place where a quality, reputation, or other characteristic of the goods is essentially attributable to that geographic origin — the link can be based on climate, soil, water, traditional techniques, or historical reputation. Agricultural products, foodstuffs, wines, spirits, handicrafts, and manufactured goods are all eligible. The key eligibility requirements are: (1) the goods must originate from a specific defined geographic area in India; (2) there must be a clear link between the geographic origin and a quality, reputation, or characteristic of the goods; (3) the applicant must be an association or organisation representing the producers — not an individual. If your product — a regional spice, a specific weaving technique, a traditional food, a locally quarried stone — can satisfy these requirements, TaxClue can assess and file the GI application.

A cease and desist notice is a civil demand — sent by the IP owner (through their agent or counsel) to the infringer — demanding that specific infringing activities stop. It is not a police or government action. A C&D notice creates a formal record that the infringer was put on notice, which is relevant to the calculation of damages in subsequent civil proceedings. Police complaints (under Section 103 TM Act, Section 63 Copyright Act, Section 22 Designs Act) are criminal remedies that run in parallel to civil proceedings — they are typically used for large-scale commercial counterfeiting rather than individual infringers. TaxClue often recommends a C&D notice first for smaller-scale infringement, while a combination of civil injunction plus criminal complaint is recommended for systematic counterfeiting operations.

If the infringer does not respond to, or ignores, the cease and desist notice within the stated deadline, the IP owner has several options: (1) File a civil suit for infringement and injunction before the appropriate High Court or District Court — seeking an immediate ex-parte ad interim injunction to stop the infringing activity; (2) File a criminal complaint with the police under the relevant IP statute for criminal prosecution; (3) File a complaint with the e-commerce platform or hosting provider for takedown, using the C&D notice as supporting documentation. The C&D notice itself is valuable evidence in all subsequent proceedings — it establishes that the infringer had knowledge of the IP right and the infringement, which strengthens the case for damages and defeats any innocent infringement defence. TaxClue moves swiftly from C&D to litigation or platform action when infringers fail to comply.

Business owners who do not have systematic IP monitoring miss: (1) Trademark applications filed by competitors in similar classes — the 4-month opposition window passes silently and the conflicting mark is registered; (2) Patent applications in their technology field that, if granted, could block their product — pre-grant opposition is far cheaper than post-grant revocation; (3) E-commerce listings using their registered trademark without authorisation — competitors free-riding on their brand with Amazon listing hijacking; (4) Domain registrations incorporating their trademark — cybersquatters register confusing domains before the brand owner notices; (5) Social media impersonation accounts that siphon customers while damaging the brand's reputation. A systematic watch service that checks all these channels monthly costs far less than a single trademark opposition proceeding or an infringement suit — and it catches problems at the earliest, cheapest stage.

Following the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021, the Intellectual Property Appellate Board (IPAB) was abolished. As of 2021: (1) Appeals from decisions of the Controller of Patents and the Registrar of Trade Marks now lie to the High Court having jurisdiction over the relevant IP Office; (2) Patent revocation petitions (previously before IPAB) now go to the High Court; (3) Trademark rectification and cancellation applications (previously before IPAB) now go to the High Court; (4) Copyright Board's functions have been transferred to the Commercial Courts. Original trademark and copyright infringement suits go to the Commercial Division of the relevant High Court or the District Court (Commercial Courts Act). Patent infringement suits lie only before High Courts. Design infringement suits can be filed in District Courts with relevant pecuniary jurisdiction. TaxClue has experience in proceedings across all these forums.