29/02/2024-Member’s Voice3:The Indian High Court of the State of Madhya Pradesh affirms Scotch Whisky Association’s right to independently sue for GI infringement, by Prashant Gupta & Karan Singh, K&S Partners

The Scotch Whisky Association (SWA),  the group in charge of the GI “Scotch Whisky”  incorporated in the UK, won recently a constitutional writ (Scotch Whisky Association v J.K. Enterprises) before the High Court of Madhya Pradesh in Indore. The writ challenged an order passed by the Commercial Court in District Indore, which, inter-alia, held that SWA’s suit for infringement of its GI “Scotch Whisky”, against the defendant JK Enterprises (JKE), was maintainable only if it impleaded an ‘authorised user’ of the GI as a co-plaintiff.

This is the first court order in India that discusses the rights of registered proprietors of GIs to independently sue for GI infringement without impleading an authorized user.

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