How does the existing law prevent misuse of geographical denominations?
Under the existing Trade and Merchandise Marks Act, 1958, there is no specific provision which has the purpose of controlling the use of geographical names in trade. This does not of course mean that there is no legal protection for such names, or that they can be used in a way which would deceive consumers or enable traders to benefit without justification by famous names. There are many ways in which the existing Indian law can be used to control or prevent the misuse of geographical denominations, one of which is Consumer Protection Law : The principal legislations in the field of consumer protection are the following: (a) The Consumer Protection Act of 1986 (b) Sections 36-A to 36-D of the Monopolies and Restrictive Trade Practices Act, 1969. The said sections pertain to unfair trade practices and these were inserted in the MRTP Act by an Amending Act of 1984 with effect from August 1, 1984. Under India’s obligation to TRIPS, it has to put in place a geographical indications, legis
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