24
Trademarks
No. 2
(2) The exclusive right to the use of a geographical indication
given under subsection (1)(a) shall be subject to any condition or
limitation to which the registration is subject.
Infringement of
a geographical
indication
Falsification of
entries in the
Register
(3) Notwithstanding anything contained in any written law, a
right to a registered geographical indication shall not be the subject
matter of assignment, transmission, licensing, pledge, mortgage or
any such other agreement unless it is assigned, transmitted,
licensed, pledged or mortgaged to a producer who will produce the
goods or carry out an activity within the geographical area specified
in the Register and who shall not dilute the characteristic features of
the geographical indication.
46. A registered geographical indication shall be infringed by a
person who, not being an authorized user thereof,__
(a) uses the geographical indication by any means, in the
designations or presentation of goods that indicates or suggests
that such goods originate from a geographical area other than the
true place of origin of such goods in a manner which misleads the
public as to the geographical origin of such goods even where the
geographical indication used is accompanied by disclaimers or
expressions such as “kind”, “type’, “style”, “imitation” or “the
like”;
(b) uses the registered geographical indication for goods
produced in the geographical area specified in the Register in
respect of the geographical indication not possessing the quality,
reputation or other characteristic specified in the Register; or
(c) uses a geographical indication identifying__
(i) wines for wines, or any such product as may be
prescribed, not originating in the place indicated by the
geographical indication in question; or
(ii) spirits for spirits, or any such product as may be
prescribed, not originating in the place indicated by the
geographical indication in question.
PART VII__OFFENCES AND PENALTIES
A person who__
47.
(a) makes or causes to be made, a false entry in the Register, or
a writing falsely purporting to be a copy of an entry in the
Register; or
(b) produces or tenders, or causes to be produced or tendered
in evidence any such writing,
commits an offence and shall, on conviction, be liable to a fine
of K3,000,000.00 and to imprisonment for five years.