Section 38: Falsifying and falsely applying geographical indications

Q: What does Section 38 of The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) deal with?

Section 38 GI Act pertains to "Falsifying and falsely applying geographical indications". It is part of the The Geographical Indications of Goods (Registration and Protection) Act, 1999, a legislation enacted by the Parliament of India. Section 38 of The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) governs falsifying and falsely applying geographical indications. As verified on 19 May 2026.

Q: Is Section 38 GI Act still in force?

Yes, Section 38 of the The Geographical Indications of Goods (Registration and Protection) Act, 1999 is currently in force across the Republic of India.

Q: What is धारा 38 GI Act?

धारा 38 GI Act is the Devanagari Hindi reference for Section 38 of the The Geographical Indications of Goods (Registration and Protection) Act, 1999. Section 38 of The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) governs falsifying and falsely applying geographical indications. As verified on 19 May 2026.

Q: What is Dhara 38 GI Act?

Dhara 38 GI Act is the Roman Hindi reference for Section 38 of the The Geographical Indications of Goods (Registration and Protection) Act, 1999. "Dhara" means "Section" in Hindi. Section 38 of The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) governs falsifying and falsely applying geographical indications. As verified on 19 May 2026.

Q: How to cite Section 38 of The Geographical Indications of Goods (Registration and Protection) Act, 1999?

Cite as: "Section 38, The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act)" in legal briefs. For academic writing, use the BlueBook format: The Geographical Indications of Goods (Registration and Protection) Act, 1999, § 38 (India).

Law on Tips Editorial Board

(1)

A person shall be deemed to falsify a geographical indication who, either,—

(a) without the assent of the authorised user of the geographical indication makes that geographical indication or deceptively similar geographical indication; or

(b) falsifies any genuine geographical indication, whether by alteration, addition, effacement or otherwise.

(2)

A person shall be deemed to falsely apply to goods a geographical indication who, without the assent of the authorised user of the geographical indication,—

(a) applies such geographical indication or a deceptively similar geographical indication to goods or any package containing goods;

(b) uses any package bearing a geographical indication which is identical with or deceptively similar to the geographical indication of such authorised user, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the authorised user of the geographical indication.

(3)

Any geographical indication falsified as mentioned in sub-section (1) or falsely applied as mentioned in sub-section (2), is in this Act referred to as a false geographical indication.

(4)

In any prosecution for falsifying a geographical indication or falsely applying a geographical indication to goods, the burden of proving the assent of proprietor shall lie on the accused.