c) The application shall indicate the manner in which the continued compliance of the conditions laid
down in the specification will be controlled by an independent body or authority.
§11.7. Examination; Publication; Opposition and Registration
a) The Director General shall examine whether the application complies with the requirements of
Sections 11.4 and 11.5 (b) and Section 10.6 and the regulations pertaining thereto.
b) Where the Director General finds that the conditions referred to in subsection (a) of this section are
fulfilled; he/she shall cause the application to be published in the prescribed manner.
c) Any interested person or competent authority may, within the prescribed period and in the
prescribed manner, give notice to the Director General of opposition to the registration of the
geographical indication specifying the grounds of the opposition.
d) The Director General shall publish a notice of the opposition in the Official Gazette, and, within
the period of three months and in the prescribed manner, the applicant shall send to the Director
General a counter-statement of the grounds on which he/she relies for his application.
e) If the applicant sends a counter-statement, the Director General shall furnish a copy thereof to the
person giving notice of opposition and, after hearing the parties, if either or both wish to be heard,
and considering the merits of the case, shall decide whether the geographical indication should be
registered.
f) Where the Director General finds that the conditions referred to in subsection (a) of this section are
fulfilled he/she shall register the geographical indication, publish a reference to the registration and
issue to the applicant a certificate of registration. Otherwise, he shall refuse the application.
§11.8. Scope of Exclusive Rights
a) Only producers carrying on their activity in the geographical area specified in the Register shall
have the right to use a registered geographical indication, in the course of trade, with respect to the
products specified in the Register.
b) For the purposes of this section, the following acts, in particular, shall be regarded as use of a
geographical indication in the course of trade:
i.
introducing on the market, selling, offering for sale or distributing goods or services with
the geographical indication or with reference to the geographical indication;
ii.
importing, exporting, storing or transporting goods that bear the geographical indication or
that refer to the geographical indication;
iii.
using the geographical indication in advertising, publications, business papers, commercial
documents or written or oral communications, irrespective of the means of communication
or media used;
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