Geographical Indications – Madhya Pradesh High Court Elucidates Registered Proprietor's Rights

In a recent decision dated 18 December 2023¹, the Division Bench (Two-Judge Bench) of the Madhya Pradesh High Court, while adjudicating a petition under Article 227 of the Constitution of India, set aside the order dated 28 October 2021 passed by the Commercial District Court, Indore and held that a suit for infringement of Geographical Indication tags is maintainable by the Registered Proprietor of the GI tag, even if the Authorised User of the same GI tag is not impleaded as a party.

Facts

A suit for infringement of rights under the Geographical Indications of Goods (Registration and Protection) Act, 1999 ('GI Act') was filed before the Commercial District Court, Indore by the Scotch Whisky Association (SWA), a company incorporated under laws of the United Kingdom with its registered office at Scotland, UK. The SWA is an association of 56 distillers, producers, dealers, blenders, owners of proprietary brand or brands, brokers, or exporters of Scotch Whisky,