Section 2—Availability of Protection Regardless of Registration and Presumption.
(1) Protection under this Act is available
(a) regardless of whether a geographical indication is registered; and
(b) against a geographical indication which, although literally true as to the territory, region or locality in
which the goods originate, falsely represents to the public that the goods originate in another territory.
(2) Registration of a geographical indication under Part II of this Act, raises a presumption that the
indication is a geographical indication within the meaning of section 22.
Section 3—Homonymous Geographical Indications for Wines.
(1) In the case of homonymous geographical indications for wines or other products, protection shall be
accorded to each indication, subject to section 2(1)(b) of this Act.
(2) The Registrar shall in cases of permitted concurrent use of indications under subsection (1),
determine the practical conditions under which the homonymous indications in question will be
differentiated from each other, taking into account the need to ensure equitable treatment of the
producers concerned and that consumers are not misled.
Section 4—Exclusion from Protection.
The following shall not be protected as geographical indications
(a) indications which do not correspond to the definition in section 22;