GEOGRAPHICAL INDICATIONS ACT.

An Act to provide for the protection and registration of geographical indications; to provide for the duration of protection of geographical indications; to provide for the appointment of a registrar; for remedies for infringement or prohibited use of geographical indications; and for related matters.

PART I
PRELIMINARY.

1. Commencement.

This Act shall come into force on a date to be appointed by the Minister by statutory instrument.

2. Interpretation.

In this Act, unless the context otherwise requires—

"certification mark" means a mark on a commercial product which legally enables bounding and indicates the following—

(a) the existence of a legal follow up or product certification agreement between the manufacturer of a product and an organisation that possesses accreditation by a national government for both testing and product certification;

(b) legal evidence that the product was successfully tested in accordance with a nationally accredited standard;

(c) legal assurance that the accredited certification organisation has ensured that the item that was successfully tested is identical to that which is offered for sale;

(d) legal assurance that the successful test has resulted in a certification listing which is considered public information and sets out the tolerances and conditions for use of a certified product to enable bounding; and

(e) legal assurance that the manufacturer is regularly audited by the certification organisation at unannounced intervals to ensure the maintenance of the original standard that was employed in the manufacture of the test specimen that passed the test;

"commercial use" means any use in connection with the sale, rental, lease, barter or any other transaction involving valuable consideration or offering or advertising of items;

"court" means the High Court;

"currency point" has the value given to it in the Schedule to this Act;

"geographical indication" means any indication which identifies goods as originating in a particular country, region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to its geographic origin;

"goods" means a natural or agricultural product or animal product or a product of handcraft or industry;

"Minister" means the minister responsible for justice;

"producer" means—

(a) a producer of agricultural products or a person exploiting natural products;

(b) a manufacturer of products of handicraft or industry; and

"register" means the register of geographical indications maintained under section 7;

"registrar" means the registrar of geographical indications designated under section 6;

"substantially similar" means the existence of common or similar elements with a protected geographical indication to the extent that it leads to confusion of the public or that portion of the public concerned with the product;

"unfair competition" means any act of competition contrary to honest practices in industrial or commercial matters;

"use" means use in any way, including without limitation, use as part of or in connection with—

(a) any transaction, including a purchase, sale, gift, or exchange;

(b) any importing or exporting;

(d) any other related activity.

PART III
PROTECTION OF GEOGRAPHICAL INDICATIONS.

3. Reference to description or presentation of goods.

In this Act, a reference to the description or presentation of goods includes a reference to a name, address, place, sign, design, trademark or other matter used in relation to the goods whether or not it appears—

(a) on a container, wrapping or label or on the goods;

(b) on a document relating to the use, or a transaction involving the transport of the goods; or

4. Similarity of geographical indications and prohibitions.

(1) A person shall not use a geographical indication in the designation or presentation of goods—

(a) where the designation or presentation suggests that the goods originate in a geographical area other than the true place of origin;

(b) where the use constitutes an act of unfair competition; and

(c) where the goods do not originate in the territory indicated by the geographical indication, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "type", "style", "limitation".

(2) The following acts as they relate to geographical indications are prohibited—

(a) use of geographical indications of such a nature as to create confusion with the establishment, the goods or the industrial or commercial activities of a competitor;

(b) false allegations, in the course of

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