Caught Between Origin And Ownership: Unfair Competition In The Context Of Trademarks And Geographical Indications
- IJLLR Journal
- Sep 22
- 2 min read
Updated: Sep 26
Shagun Lal, Research Scholar, Guru Gobind Singh Indraprastha University
ABSTRACT
Rigorous competition in globalised markets can serve as an effective tool in achieving a sense of equilibrium between supply and demand of goods and services, however, cut throat competition may also entice tradesmen to incline towards employing dishonest practices in the course of trade which promote unfair competition even though the policies of fair play and honesty are fundamental to free and fair competition.
The GI and trademark regimes rely heavily on the law of unfair competition in order to prevent the unauthorised and dishonest use of identifiers, IP which is crucial to every business holding. In everyday life trademarks can simply be understood as signs or identifiers that serve the purpose of distinguishing goods and services of one undertaking from the goods and services from another undertaking. Trademarks play a significant role in fulfilling the purpose of consumer protection and awareness. In this sense, trademarks serve as a link between the manufacturer and consumer. Although both trademark and GI act as identifiers of goods, yet these are two distinct intellectual properties. A trademark is an identifier that is used to differentiate between the goods or services of one enterprise from another, while a GI is an identifier that indicates that a certain good originates or is manufactured or produced in a certain geographical location and exhibits certain characteristics that are peculiar to that geographical origin. The GI also creates a link between the customer and manufacturer. Consumers come to rely on the specific characteristics of goods that are specifically attributable to their geographical location.
A trademark vests an individual interest onto the proprietor of the trademark by bestowing the right to exclude others from using it. While GI is a collective right that can be exercised by all producers that manufacture or produce the goods in a geographical location designated by the GI which also possess similar characteristics owing to their location of origin. GI acts as the property of the community, that is to say, those who trade in goods which have a GI affixed to them will be able to do so under a license granted to them by their national legislation which registers the GI as the property of the community. GI is a unique intellectual property due to its shared character. Unfair competition poses a significant challenge to proprietors of GI and trademark because an unauthorised user of the identifier cannot be permitted to reap the rewards of the investment, hard work, knowledge and labour of the authorised proprietor. This paper aims at systematically exploring the law of unfair competition in relation to trademarks and GI.
Keywords: Trademark, Geographical indication, unfair competition, identifier
