(3) Nothing in this Act shall apply in respect of a geographical indication of any country with respect to
goods or services for which the relevant indication is identical with the terms customary in common
language as the common name for the goods or services in the country or in respect of a geographical
indication of any other country with respect to products of the vine for which the relevant indication is
identical with the customary name of a grape variety existing in the country as of January 1, 1995.
(4) A request for relief made under this Act in connection with the use or registration of a trademark
shall
(a) be presented within five years after the adverse use of the protected indication has become
generally known in the country, or
(b) after the date of registration of the trademark in the country provided
(i) the trademark has been published by that date, if such date is earlier than the date on which the
adverse use became generally known in the country, and
(ii) the geographical indication is not used or registered in bad faith.
(5) This Act does not prejudice the right of any person to use in the course of trade, that person's name
or the name of that person's predecessor in business, except where the name is used in such a manner
as to mislead the public.
PART IV—REGULATIONS AND INTERPRETATION
Section 21—Regulations.
The Minister may by legislative instrument make Regulations prescribing