a person who sells or who manufactures, imports or exports for sale a
(a)
product to which the geographical indication is applied or is to be applied; or
(b)
a person who, in the course of business, consumes or uses a product to
which the geographical indication is applied or is to be applied; or
(c)
any organisation established to represent or further the interests of
persons referred to in paragraph (a) or (b);
and may be made by that person alone or jointly with anyone else.
17
Application for registration
(1) An application for the registration of a geographical indication shall—
(a)
specify—
(i)
the applicant’s name, address and nationality; and
(ii)
the geographical indication concerned; and
(iii)
the product or products to which the geographical indication is to be
applied; and
(iv)
the quality, reputation or characteristic of the product which is
attributable to its geographical origin;
and
(b)
contain such other particulars and information as may be prescribed;
and
(c)
be accompanied by the prescribed fee.
(2) An application for the registration of a geographical indication shall be lodged at
the Trade Marks Office in the prescribed manner.
(3) If an application does not comply substantially with any one or more of the
requirements of subsection (1), the Registrar shall invite the applicant to correct it
within two months and, if the applicant fails to do so, the application shall be deemed
not to have been lodged in terms of this section.
(4) Subject to subsection (3), the Registrar shall accept an application lodged with
him in terms of subsection (2) if he is satisfied, prima facie—
(a)
that the applicant is entitled to lodge the application; and
(b)
that the indication sought to be registered is a geographical indication
as defined in section two; and
(c)
that the application of the geographical indication concerned to the
product specified in the application will not be contrary to public order or morality;
and
(d)
where the application is for the registration of a foreign geographical
indication, that it is protected in the foreign country concerned and has not fallen into
disuse in that country;
and, if he is not so satisfied, he shall reject the application.
(5) At any time before or after acceptance of an application under subsection (4), the
Registrar may—
(a)
correct any error in or in connection with the application; or
(b)
permit the applicant to amend his application upon such terms as the
Registrar thinks fit:
Provided that the Registrar shall not permit an amendment which
substantially affects the identity of the geographical indication concerned or any
product to which it is to be applied.
(6) An appeal shall lie against—
(a)
a decision by the Registrar under subsection (3) that an application
does not comply substantially with any requirement of subsection (1); or
(b)
a rejection of an application by the Registrar in terms of subsection
(4); or
(c)
a refusal by the Registrar to permit an amendment of an application
under subsection (5).
18
Publication of application and opposition thereto
(1) As soon as practicable after an application for the registration of a geographical