In any proceedings referred to in section ten regarding the application of a registered
geographical indication it shall be presumed, unless the contrary is proved, that—
(a)
the indication concerned is a geographical indication as defined in
section two; and
(b)
each product which is recorded in the Register in relation to the
indication concerned has some quality, reputation or other characteristic that is
essentially attributable to its geographical origin.
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Anton Piller orders (orders without notice)
(1) If a person satisfies the Tribunal or a court that, prima facie—
(a)
he has a cause of action against another person regarding a
contravention of section nine and he intends to pursue that action; and
(b)
the other person has in his possession documents or other things of
whatsoever nature which constitute evidence of great importance in substantiation of
that cause of action; and
(c)
there is a real and well-founded apprehension that the documents or
other things may be hidden, destroyed or rendered inaccessible before discovery can
be made in the usual way;
the Tribunal or court, as the case may be, may make such order commonly known as
Anton Piller order as it considers necessary or appropriate to secure the preservation
of the documents or things as evidence.
(2) An order in terms of subsection (1) may be granted without notice to the person
who is allegedly in possession of the documents or other things to which the order
relates, and the Tribunal or court may sit in camera for the purpose of hearing an
application for such an order:
Provided that the Tribunal or court shall not grant an order without such notice unless
it is satisfied that there is a real possibility that the documents or things will be
hidden, destroyed or rendered inaccessible if notice is given.
(3) An order in terms of subsection (1) may be granted on such conditions, including
the giving of security by the applicant, as the Tribunal or court may fix.
(4) This section shall not be taken to limit any power a court may have under its
ordinary jurisdiction to grant orders such as are referred to in this section.
15
Remedy for groundless threats of proceedings regarding use of misleading
geographical indication
(1) Where any person, whether or not he is an interested person for the purposes of
section ten, threatens another person with proceedings for a contravention of section
nine, anyone who is aggrieved by the threat may bring proceedings against him in a
court of competent jurisdiction for the relief referred to in subsection (2).
(2) In proceedings brought by virtue of subsection (1), the plaintiff or applicant shall
be entitled to any one or more of the following remedies—
(a)
a declaration to the effect that the threats are unjustifiable;
(b)
an interdict against any continuation of the threats;
(c)
such damages, if any, as he has sustained in consequence of the
threats;
unless the defendant or respondent proves that the acts in respect of which he
threatened proceedings constitute or, if done, would constitute a contravention of
section nine.
(3) The defendant or respondent in any proceedings brought in terms of subsection
(1) may counter-claim for any relief to which he would be entitled in separate
proceedings in respect of any contravention of section nine by the plaintiff or
applicant.
PART IV
REGISTRATION OF GEOGRAPHICAL INDICATIONS
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Persons entitled to apply for registration
An application for the registration of a geographical indication may be made by or on
behalf of any of the following—