Section 20 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 20 draws a clear line: only a registered geographical indication can be the subject of an infringement action or a claim for damages for infringement under this Act. Section 20(2) then keeps alive the separate action for passing off. For producers who rely on a name that is not yet registered, this section explains both the gap and what remains. A short legal consultation can help you decide whether to rely on passing off while your application is pending.
No person is entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered geographical indication (section 20(1)). But nothing in the Act affects rights of action against any person for passing off goods as the goods of another person, or the remedies in respect thereof (section 20(2)).
Sub-section (1): no infringement action without registration
"No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered geographical indication."
Break it down:
| Words | Meaning |
|---|---|
| "No person shall be entitled to institute any proceeding" | A bar on starting a case, not only on winning it |
| "to prevent" | An injunction or similar relief to stop infringement |
| "or to recover damages for" | A money claim |
| "the infringement of an unregistered geographical indication" | The subject: an indication that is not on the register |
The bar is on infringement actions. Infringement is defined by section 22 for registered geographical indications ("A registered geographical indication is infringed by a person who, not being an authorised user thereof ..."). Section 21 gives the right to obtain relief in respect of infringement to the registered proprietor and authorised users. The Act's infringement scheme is therefore built around registration, and section 20(1) states the consequence for an unregistered one.
Example. The Hilltop Weavers' Cooperative has used "Hilltop weave" for decades but has not registered it. A trader starts selling machine-made cloth as "Hilltop weave". Under section 20(1) the cooperative cannot institute a proceeding under the Act to prevent or recover damages for infringement of the unregistered indication.
Sub-section (2): passing off is preserved
"Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof."
This is a saving clause. It says the Act does not take away any right of action for passing off, nor the remedies. The Act itself does not describe how passing off is proved or what remedies follow; it simply preserves them. Section 22(1)(b) separately treats unfair competition "including passing off" as an infringing act in relation to a registered indication, and section 67 deals with relief in a suit for infringement or passing off. Those provisions are explained in their own articles in this series.
Two points follow from the wording:
- The preserved right is a right "for passing off goods as the goods of another person". It is not a right to prevent use of a geographical name as such.
- The text speaks of "rights of action" and "remedies" without listing them, so this article names none.
Section 23(2) contains a similar saving: "Nothing in this section shall be deemed to be affect the right of action in respect of an unregistered geographical indication." See Sections 23 and 24.
What this means in practice
| Situation | Position under the text |
|---|---|
| Registered indication, unauthorised use of the kind in section 22 | Registered proprietor and authorised users may obtain relief for infringement (section 21(1)(a)) |
| Unregistered indication, third party copies it | No proceeding for infringement or damages for infringement under section 20(1) |
| Unregistered indication, third party passes off goods as yours | Rights of action for passing off, and remedies, are not affected (section 20(2)) |
The practical lesson is that registration changes the kind of case you can bring. For a pending application, the Act does not say that pending status gives any right; section 16(1) deems the registration date to be the date of the application, but that operates only once the indication is registered. The text does not allow an infringement action in the interim, and this article does not suggest otherwise.
Why the section matters to producers
- It shows the value of registering. Registration opens the infringement scheme in sections 21 and 22. See benefits of GI registration for farmers and artisans.
- It does not leave you without a remedy. Passing off remains available.
- It cuts both ways for a trader. A trader using a name that happens to be an unregistered indication of another group cannot be sued for infringement under the Act. Whether he can be sued for passing off depends on the facts and is not decided by the Act.
What the section does not say
- It does not say what a passing off action must show.
- It does not say which court hears a passing off action; section 20 is silent on forum.
- It does not say anything about authorised users of unregistered indications (there are none, since authorised users are registered under section 17 against a registered indication).
- It does not mention fees or forms.
A drafting note
Section 20 uses the phrase "unregistered geographical indication". The Act does not define it, but the context makes it clear: an indication not registered under the Act (see section 2(1)(m), "registered" means registered under this Act).
Need help deciding between registration and passing off?
If someone is trading on your name and you have not registered, the available routes are limited and fact-driven. Our team can review your position in a legal consultation and explain what the Act does and does not allow.
Key takeaways
- No infringement proceeding or damages claim for an unregistered geographical indication (section 20(1)).
- Passing off rights of action and remedies are preserved (section 20(2)).
- Infringement and the rights of registered proprietors and authorised users are found in sections 21 and 22, which apply to registered indications.
- Registration therefore changes the kind of case that can be brought.
Read next
- Section 21: rights conferred by registration
- Section 22: infringement of registered geographical indications
- Infringement of geographical indication: penalties
- Benefits of GI registration for farmers and artisans
Disclaimer: Based on the Geographical Indications of Goods (Registration and Protection) Act, 1999 read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the rules made under the Act. This article is general information, not legal advice; check the official text before acting.