AN ACT to provide for the protection of geographical indications and to provide for related matters.
DATE OF ASSENT: 31st December, 2003.
BE IT ENACTED by Parliament as follows:
PART I—PROTECTION OF GEOGRAPHICAL INDICATIONS
Section 1—Civil Proceedings.
(1) Any interested person may institute proceedings in the High Court to prevent, in respect of a
geographical indication,
(a) the use of any means in the designation or presentation of goods that indicates or suggests that the
goods in question originate in a geographical area other than the true place of origin in a manner which
misleads the public as to the geographical origin of the goods;
(b) any use which constitutes an act of unfair competition within the meaning of the Protection Against
Unfair Competition Act, 2000 (Act 589); or
(c) the use of the geographical indication identifying wines for wines not originating in the place
indicated by the geographical indication in question or identifying spirits for spirits not originating in the
place indicated by the geographical indication in question, 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", “style", imitation" or the like.
(2) In proceedings under subsection (1) the court may, in addition to issuing an injunction, award
damages and grant any other remedy or relief as it may think fit.