Collection of Laws for Electronic Access
YH
MAURITIUS
(a) any producer of agricultural products or any other person exploiting natural
products;
(b) any manufacturer of products of handicraft or industry;
“product” means any natural or agricultural product or any product of handicraft or
industry;
“Register” means the Register of Geographical Indications;
“Tribunal” means the Tribunal set up under section 9 of the Patents, Industrial Design
and Trademarks Act 2002.
Part II
Protection of Geographical Indications
Unfair Practice
3.—(1) The use of—
(a) any means in the designation or presentation of a product that indicates or suggests
that the product in question originates in a geographical area, other than the true place of
origin, in a manner which misleads the public as to the geographical origin of the product;
(b) a geographical indication—
(i) identifying wines for wines, or any such product as may be prescribed, not
originating in the place indicated by the geographical indication in question; or
(ii) identifying spirits for spirits, or any such product as may be prescribed, not
originating in the place indicated by the geographical indication in question;
even where the true origin of the products is indicated or the geographical indication is used
in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or
the like, shall be unlawful.
(2) Any act referred to in subsection (1) shall amount to an act of unfair practice and
may give rise to a claim in damages.
(3) Any proceeding under subsection (2) shall be initiated in accordance with the
Protection Against Unfair Practices (Industrial Property Rights) Act 2002.
(4) Any person may institute court proceedings to prevent the use as described in
subsection (1) and the court may, in addition to issuing an injunction, award damages and
grant any other remedy or relief as it may deem fit.
Availability of Protection
4.—(1) The protection afforded under this Act shall be available in respect of a
geographical indication—
MU001EN
Geographical Indications, Act, 08/08/2002, No. 23
page 3/9