Section 22 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 22 defines infringement. A registered geographical indication is infringed by a person who is not an authorised user and who (a) misleads people about where goods come from, (b) uses the indication in a way that is unfair competition, including passing off, or (c) uses another indication that is literally true but falsely suggests the goods come from the registered place. Sub-sections (2) and (3) add stronger protection for goods the Central Government notifies, and sub-section (4) protects people who deal in lawfully acquired goods. If you think someone is misusing your registered name, a structured legal dispute resolution approach starts with matching their conduct to this section.
A person who is not an authorised user infringes a registered geographical indication by using it in designation or presentation so as to suggest a false place of origin in a way that misleads, by unfair competition including passing off, or by using another indication that is literally true but falsely represents the goods as coming from the registered place. For goods notified by the Central Government, using another indication even with the true origin, in translation, or with words like "kind", "style" or "imitation" infringes. Further dealings in lawfully acquired goods do not infringe unless the condition of the goods is impaired after being put in the market.
Sub-section (1): the three kinds of infringement
"A registered geographical indication is infringed by a person who, not being an authorised user thereof,—"
| Clause | Conduct | Key words |
|---|---|---|
| (a) | Uses the indication by any means in the designations or presentation of goods that indicates or suggests the goods originate in a geographical area other than the true place of origin, in a manner which misleads persons as to the geographical origin | "misleads the persons as to the geographical origin" |
| (b) | Uses any geographical indication in such manner which constitutes an act of unfair competition including passing off in respect of the registered indication | "unfair competition including passing off" |
| (c) | Uses another geographical indication to goods which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the persons that the goods originate in the territory, region or locality to which the registered indication relates | "literally true" but "falsely represents" |
Clause (a)
This targets false origin claims through designation or presentation, by "any means". The test has two limbs: the use must indicate or suggest an area other than the true place of origin, and it must do so in a manner that misleads persons about the origin.
Example. A trader sells tea grown elsewhere in a pack that uses the registered name "Riverbend" and a valley picture, misleading buyers about origin. Clause (a) is aimed at such use by a person who is not an authorised user.
Clause (b) and the two Explanations
Clause (b) refers to "an act of unfair competition including passing off". Two Explanations follow in the printed text.
Explanation 1: "act of unfair competition" means "any act of competition contrary to honest practices in industrial or commercial matters".
Explanation 2 says that, for the removal of doubts, the following are deemed acts of unfair competition:
- "all acts of such a nature as to create confusion by any means whatsoever with the establishment, the goods or the industrial or commercial activities, of a competitor";
- "false allegations in the course of trade of such a nature as to discredit the establishment, the goods or the industrial or commercial activities, of a competitor";
- "geographical indications, the use of which in the course of trade is liable to mislead the persons as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods".
Clause (c)
Clause (c) is the "literally true but misleading" case, mirroring section 9(g) on refusal of registration. A name that really is a locality somewhere else, used so as to give the impression that the goods come from the registered place, is within it.
A layout point: in the printed text clause (c) follows the Explanations to clause (b). The Explanations attach to clause (b); clause (c) is a separate limb of sub-section (1).
Sub-sections (2) and (3): additional protection for notified goods
Under sub-section (2), "The Central Government may, if it thinks necessary so to do for providing additional protection to certain goods or classes of goods under sub-section (3), by notification in the Official Gazette, specify such goods or class or classes of goods, for the purposes of such protection."
Sub-section (3) then provides that "any person who is not an authorised user of a geographical indication registered under this Act in respect of the goods or any class or classes of goods notified under sub-section (2)" infringes the registered indication if he:
| Act | Text |
|---|---|
| Uses another indication on such goods not originating in the place indicated | "not originating in the place indicated by such other geographical indication" |
| Uses the other indication even indicating the true origin | "even indicating the true origin of such goods" |
| Uses it in translation of the true place of origin | "in translation of the true place of origin" |
| Uses it with expressions such as "kind", "style", "imitation" | "or the like expression" |
For notified goods, therefore, the protection is stronger: even a truthful label or an "imitation" qualifier can infringe. The text does not say which goods have been notified, and this article names none. Section 25(b) separately ties the refusal of trade marks to goods notified under section 22(2).
Sub-section (4): lawful dealings in genuine goods
"Notwithstanding anything contained in this section, where the goods in respect of which a geographical indication has been registered are lawfully acquired by a person other than the authorised user of such geographical indication, further dealings in those goods by such person including processing or packaging, shall not constitute an infringement of such geographical indication, except where the condition of goods is impaired after they have been put in the market."
So a reseller who lawfully acquires genuine goods can resell, process or package them without infringing, except where the condition of the goods is impaired after they have been put in the market. The text does not define "impaired".
Example. A retailer buys genuine Hilltop weave cloth from an authorised weaver and sells it on. No infringement. If the retailer stores it so badly that the cloth is damaged and still sells it under the registered name, the exception for impaired condition becomes relevant.
Who can act
Section 21(1)(a) gives the registered proprietor and authorised users the right to obtain relief for infringement. The first condition in section 22(1) is that the infringer is "not being an authorised user". Suits for infringement and relief are dealt with in later sections; see Section 21 and, for criminal consequences of false use, the overview infringement of geographical indication: penalties.
What the section does not say
- It does not give the remedies, list the notified goods, or define "honest practices", "impaired" or "presentation".
- It does not apply to unregistered indications; see Section 20.
Need help with a suspected infringement?
Matching a competitor's label to the right limb of section 22 is the first step in any enforcement plan. Our team can assess the evidence and advise on next steps through legal dispute resolution.
Key takeaways
- Infringement under section 22(1) is by a person who is not an authorised user: misleading origin (a), unfair competition including passing off (b), or literally true but falsely representing (c).
- For goods notified under section 22(2), using another indication with true origin, in translation or with "kind", "style" or "imitation" also infringes (section 22(3)).
- Further dealings in lawfully acquired goods do not infringe unless the condition is impaired after being put in the market (section 22(4)).
- Only registered indications are protected; see section 20.
Read next
- Sections 23 and 24: prima facie evidence and prohibition of assignment
- Section 21: rights conferred by registration
- Section 25: geographical indication as trade mark
- Infringement of geographical indication: penalties
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.