Collection of Laws for Electronic Access
YH
MAURITIUS
(7) Where the Controller finds that the conditions referred to in subsection (1) have
been fulfilled, and either—
(a) the registration of the geographical indication has not been opposed within the
prescribed time limit; or
(b) the registration of the geographical indication has been opposed and the opposition
has been decided in the applicant’s favour,
he shall—
(i) register the geographical indication;
(ii) publish a reference to the registration; and
(iii) issue a certificate of registration to the applicant.
Right of Use
11. No person, other than a producer carrying on an 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, and which possess the
quality, reputation or other characteristics specified in the Register.
Cancellation and Rectification of Registration
12.—(1) Any interested person may, subject to section 6, apply to the Tribunal for—
(a) the cancellation of the registration of a geographical indication on the ground that it
does not qualify for protection;
(b) the rectification of the registration of a geographical indication on the ground that—
(i) the geographical area specified in the registration does not correspond to the
geographical indication; or
(ii) 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 products is missing or
unsatisfactory.
(2) In any proceedings under this section, notice of the request for cancellation or
rectification shall be—
(a) served on the person who filed the application for registration of the geographical
indication or his successor in title; and
(b) given to all persons having the right to use the geographical indication under section
11,
in such manner as may be prescribed.
MU001EN
Geographical Indications, Act, 08/08/2002, No. 23
page 6/9