“package” means anything in or by which a product is covered, contained or packed;
“product” means any natural or agricultural product or any product of handicraft or
industry;
“Register” means the Register of Geographical Indications kept at the Trade Marks
Office in terms of section seven;
“registered” means registered in the Register in terms of this Act;
“Registrar” means—
(a)
the Controller; or
(b)
a registrar referred to in subsection (3) of section five; or
(c)
an officer who is exercising a function which the Controller has
directed, in terms of subsection (4) of section five, should be exercised by that officer;
“sell” includes¾
(a)
to offer, advertise, keep, possess, expose, consign or deliver for sale;
(b)
to authorise, direct or allow a sale;
(c)
to barter, exchange, supply or dispose of for any consideration, direct
or indirect;
“Trade Marks Office” means the Trade Marks Office referred to in subsection (1) of
section five;
“Tribunal” means the Intellectual Property Tribunal established by section 3 of the
Intellectual Property Tribunal Act [Chapter 26:08].
3
When geographical indication regarded as misleading
(1) A geographical indication shall be regarded as misleading, when applied to or in
relation to a product—
(a)
if it suggests that the product originates in an area other than its true
area of origin; or
(b)
if it misleads the public as to the area of origin of the product; or
(c)
if its application to or in relation to the product constitutes unlawful
competition; or
(d)
in the case of a wine or spirit, if the geographical indication is applied
to a wine or spirit that does not originate in the area suggested by the indication, even
if¾
(i)
the true origin of the wine or spirit is indicated; or
(ii)
the geographical indication is used in translation; or
(iii)
the geographical indication is accompanied by an expression such as
“kind”, “type”, “style”, “imitation” or the like.
(2) A geographical indication shall be regarded as misleading as provided in
subsection (1) if it falsely represents to the public that the product originates in an
area other than the product’s true area of origin, even if it is literally true as to the
area in which the product originates.
(3) For the purpose of determining whether a geographical indication¾
(a)
suggests that a product originates in a particular area; or
(b)
misleads the public as to the area of origin of a product;
regard shall be had to the general understanding of consumers or users of the product
concerned where it has been, is being or is intended to be sold.
4
When geographical indication regarded as applied to product
For the purposes of this Act, a geographical indication shall be deemed to have been
applied to a product if¾
(a)
the product or its package is marked with, contains or bears the
geographical indication; or
(b)
the geographical indication is used in any advertisement for the
product; or
(c)
the geographical indication is used in any other manner that indicates
or suggests that the product originates in a particular area.
PART II
TRADE MARKS OFFICE, OFFICERS AND REGISTER