The safe and regional identity protection of the ubiquitous products in today’s highly competitive market is similar to the protection of the region to be famous by protecting its products and the tradition. A big worry in this domain is GI Mark Infringement which is observed widely across the industries. Therefore, getting to know how your brand can be protected from GI Mark Violation is the most important factor for the long-run development of your company and the law safety.
What is a GI Mark and Why Does It Matters?
A Geographical Indication (GI) is a sign put on products that come directly from a definite geographic area, and which have the qualities, reputation, or any other characteristics that the area is known for. The supreme reason behind the escalating rate of GI Mark Infection is the vulnerability of various businesses to such types of claims, especially those dealing with the agricultural products, the handicrafts, the food items, and the numerous industries have been exploited thus infringing the GI Mark.
As specified by the World Intellectual Property Organization (WIPO), Geographical Indications are useful in preserving the cultural characteristics of certain production areas as well as in promoting fair competition. For example, products such as Darjeeling Tea, Banarasi Sarees, and Kanchipuram Silk, which have received GI Tags, are governed by strict rules so only real vendors can use the respective names.
Market dilution is a risk that can result in the occurrence of GI Mark Infringement, together with consumer deception, and financial loss to genuine producers.
How Does GI Mark Infringement Occur?
Occasionally, a situation arises where enterprises that do not have the right to do so put a GI Tag on a product and sell it even though it does not meet the standards required or it is not genuine. Accordingly, the practice of deceptively attributing a certain product to a specific place of origin without it really being so continues to deceive the general public, while the name of the original producer is dragged in the dirt.
Several of the common ways GI Mark Violation gets out of hand include the following:
- Companies washing away the real GI tags with fake ones to profit illegally
- The most common way is when a company distributes those products that bear a false GI
- Even the practice of hyping and promotional activities through media college providing inculpative information known as GI registration has happened
Economically, not only are those practices very destructive, but they also are ruining the considerable cultural assets of authentic GI Product with which they are associated.
Steps to Protect Your Brand from GI Mark Violation
Shielding your brand from GI Mark Infringement requires to be meticulously handled through adopting specific tactics. Such provisions help in being true and avoiding legal conflicts:
1. Register Your Product Under the GI Act
The companies will be mandatory to make sure that their products are registered under the Geographical Indications of Goods (Registration and Protection) Act, 1999 at a place named in India. Legally, shielded property without the registration can be difficult to be protected and possible to not be able to be enforced against the violators.
2. Monitor the Market Regularly
Active market surveillance is imperative to disclose cases of GI Mark Violation. Regular inspections of online marketplaces, local markets, and distribution networks are effective ways to identify counterfeit products containing GI Names that are legally protected where these names are protected by law.
3. Legal Action Against Infringers
The first step that should be taken against the incidents of GI Mark Infringement is the prompt issuing of legal notices. Under the Geographical Indications Act, violations may be penalized according to which offenders may be sentenced to a term of imprisonment up to 2 years and be fined up to 50,000 or more rupees if the nature of the offense be more serious.
4. Raise Consumer Awareness
One of the effective ways to reduce the culture of counterfeit goods in the market is to inform consumers about the importance of Geographical Indications and the proper ways of distinguishing between authentic and counterfeit products. Public awareness campaigns, informative packaging, and clear labeling can help consumers make informed choices.
Why Is Preventing GI Mark Violation Essential?
Preventing GI Mark Violation not only retains the identity of a single brand but also secures the whole communities that rely on the authenticity of their products because it is the source of their income. Studies have established that Geographical Indications are for the cause of rural development and help in the safeguarding of traditional knowledge.
Also, a report from the European Commission said that products with GI Mark Protection receive, on average, a price that is twice greater than similar products that are non-GI products. The economic benefit is not there if the non-GI Mark Infringement is not checked but is pronounced.
As it is right now, the sustainable relationship with consumers can be assured by holding the GI Rights Infringement and hence making sure that the local value of the goods will be kept.
Conclusion
The increasing issue of GI Mark Violation has become widespread in various fields of industry over the globe. Associative brands that mostly rely on the original characteristics of the geographical nature need to put in place adequate protective measures to avoid GI Mark Infrage And False Use.
Registration, monitoring and legal recourse are crucial steps in this matter. Besides that, the continuous awakening of consumers to the value of Geographical Indications will undoubtedly aid in reducing the percentage of counterfeit products to a significant extent.
Through the application of these preventive measures, the integrity of GI Products can be assured, and the tradition rooted in them can be passed on to the next generations.
