A.63
(2) Where the requirements for the registration of a geographical
indication are not satisfied, or an application for the registration of a
geographical indication has been successfully opposed, the Registrar
shall not register the geographical indication.
111. (1) The right to a registered geographical indication shall belong
to the registered owner.
(2) Registration of a geographical indication shall confer on the
registered owner the right to prohibit third parties from using the
geographical indication, and to institute court proceedings against any
person infringing his or her rights.
(3) No person shall, without authorisation from the owner of the
registered geographical indication —
(a) use the registered geographical indication to identify products of
the same description but not originating from the place indicated
by the geographical indication, even where the true origin is
indicated or the geographical indication used is accompanied by
disclaimers or expressions such as “kind”, “type”, “style”,
“imitation” or the like;
(b) use the registered geographical indication to indicate that products
originate in a geographical region other than their true place of
origin; or
(c) use the registered geographical indication for goods produced in
the geographical area specified in the register in respect of the
geographical indication that do not possess the quality, reputation
or other characteristic specified in the register.
(4) The provisions of section 114 (3) shall apply in any action instituted
by the owner of a geographical indication against any person who
contravenes subsection (3).
112. The rights conferred by registration of a geographical indication
may not be invoked to prevent a national or domiciliary of Botswana who
has previously used the geographical indication to identify wines or spirits
to continue such use in the same manner, provided such use was undertaken
continuously —
(a) for at least 10 years preceding April 15, 1994; or
(b) in good faith preceding the date specified under paragraph (a).
113. (1) Any interested person may apply to the Registrar for the
invalidation of the registration of a geographical indication on the ground
that the requirements of section 106 (2) and the definition of a geographical
indication as specified under this Act, have not been satisfied.
(2) An application for the invalidation of a geographical indication shall
be served on the owner of the geographical indication in the prescribed manner,
and on any other person having the right to use the geographical indication.
(3) Where the application for invalidation is based on the ground that
the geographical area specified in the register does not correspond to the
geographical indication, or that the indication of the products for which the
geographical indication is used or the indication of the quality, reputation
or other characteristic of such product is missing or unsatisfactory, the
Registrar may order for the rectification of the registration.
Rights of
registered
owner, etc.
Exceptions to
rights
conferred by
registration
Invalidation
of registration
of
geographical
indication