Delhi High Court upholds GS1 India’s right to allocate ‘890’ barcodes
In a series of rulings, starting with GS1 India v. Global Barcodes SL & Ors., the Court has consistently restrained unauthorised entities from selling, allocating or advertising such barcodes in the country.
The Delhi High Court has reaffirmed GS1 India as the sole authorised body to allocate 13-digit Global Trade Item Numbers (GTINs) beginning with the country prefix ‘890’ in India.
In a series of rulings, starting with GS1 India v. Global Barcodes SL & Ors., the Court has consistently restrained unauthorised entities from selling, allocating or advertising such barcodes in the country.
The Court held that the unauthorised allocation and sale of ‘890’ barcodes infringes GS1 India’s certification mark and results in misrepresentation and consumer confusion. Orders passed in these matters have included permanent injunctions against infringing entities, directions for blocking of websites engaged in unauthorised barcode sales, and awards of damages in favour of GS1 India.
In the landmark case GS1 India v. Global Barcodes SL & Ors. (CS (COMM) 484/2020), the Delhi High Court recognised GS1 India’s exclusive rights with respect to 13-digit GTINs beginning with ‘890’. The Court permanently restrained the defendants from selling, offering for sale, allocating or advertising such barcodes, observing that only GS1 India is authorised to allocate globally verifiable and GS1 standards-based barcodes in India.
Subsequently, the Court has granted similar ad-interim and permanent reliefs in multiple cases initiated by GS1 India against unauthorised sellers, intermediaries and other entities, consistently reinforcing the legal position that GS1 India alone can allocate of ‘890’ barcodes.
Commenting on the rulings, S. Swaminathan, CEO, GS1 India, said, “We welcome the Hon’ble Court’s clear recognition of GS1 India’s exclusive right to allocate barcodes starting with ‘890’. With trusted product identities, GS1 India helps secure the integrity of the supply chains, ensuring that businesses and consumers can rely on authentic and globally accepted identifiers. This strengthens transparency and builds confidence across the marketplace.”
The rulings have significant implications for businesses operating in India. Barcodes sourced from unauthorised providers may not be globally verifiable or accepted by trading partners, and their use can expose businesses to legal risks, including injunctions.
“GS1 India’s efforts in protecting customers from being duped by service providers who have been unauthorizedly selling ‘890’ barcodes have consistently borne fruit. Across several cases, Courts have consistently recognised that no party other than GS1 India can allocate barcodes starting with ‘890’ and have even granted costs and damages against infringing entities. This has set a strong and healthy precedent which should deter future entities from engaging in similar activities,” said Adv. Aditya Gupta, Ira Law Firm.
Through consistent judicial enforcement over the past several years, the Delhi High Court has reinforced the integrity of India’s barcode allocation framework and affirmed GS1 India’s exclusive statutory and trademark rights over barcodes beginning with the ‘890’ prefix.
