Geographical Indications Act, 2003 (Act 659)

An interested person may go to the High Court to stop certain misleading or unfair uses of a geographical indication, and the court may also award damages or other relief.

Protection under this Act applies even if the geographical indication is not registered, and it also covers indications that mislead the public about where the goods come from.

For homonymous geographical indications for wines or other products, the Registrar must set practical conditions for how they are differentiated when concurrent use is permitted.

Some indications cannot be protected as geographical indications.

It is an offence to knowingly use misleading geographical origin indications for goods, including certain wines and spirits uses, and conviction can lead to a fine, imprisonment, or both.

Applications for registration of a geographical indication must be filed with the Registrar, and certain applicants outside the country must use a resident practising legal practitioner.

An application to register a geographical indication must include specified applicant details, the indication, the relevant areas and goods, the goods’ relevant qualities, and payment of the prescribed fee.

The Registrar must examine the application for compliance and, if satisfied, publish it in the prescribed manner.

People may oppose registration of a geographical indication, and the applicant must respond; the Registrar must then notify parties and decide the registration issue.

The Registrar must register a geographical indication, publish the registration in the Gazette, and issue a certificate to the applicant if the stated conditions are met; otherwise, the Registrar must refuse the application if the indication is not registrable.

Only producers in the registered geographical area may use the registered geographical indication for specified products if those products meet the Register’s stated quality, reputation, or other characteristic.

People with an interest, a competent authority, or affected parties may ask the High Court to cancel or correct a geographical indication registration, and the Court’s decision must be notified, recorded, and published.

The Registrar must keep a Register, record required matters in it, and publish required publications in the prescribed manner. Any person may consult the Register or obtain extracts, subject to prescribed conditions.

The Registrar may correct certain errors in filed applications, documents, or recordings, subject to regulations under the Act.

The Registrar may extend time for acts or proceedings under the Act if satisfied the circumstances justify it and after a written request.

When the Registrar exercises a discretionary power under this Act, the Registrar must comply with article 296 of the Constitution.

An interested person may appeal to the High Court against a decision of the Registrar, including a geographical indication registration decision.

The Registrar must refuse or cancel trademark registration when a mark uses a geographical indication for goods not from the indicated territory and that use is misleading.

Trade marks for wines or spirits linked to a geographical indication must be refused or cancelled if the goods do not have the claimed origin.

This section sets out exceptions to how the Act applies to certain geographical indications and trade marks, and preserves a person’s right to use their own or a predecessor’s name in trade unless it misleads the public.

The Minister may make Regulations by legislative instrument.

This section defines key terms used in the Act, including “geographical indication,” “goods,” “Minister,” “Paris Convention,” “producer,” “Register,” and “Registrar.”