Section 11
Geographical Indications
§11.1. Scope of Protection
a) Any interested person may institute proceedings in the court to prevent, in respect of geographical
indications:
i.
the use of any indication or device in the presentation of a good in the course of trade that
suggests that the good in question originates in a geographical area other than its true place
of origin in a manner which misleads the public as to the geographic origin of the good,
ii. any use that would constitute an act of unfair competition under the Unfair Competition
Act of Liberia; or
iii.
protection under this Part shall be available against another geographical indication which,
although literally true as to the territory, region or locality in which the goods originate
falsely represents to the public that the goods originate in another territory.
b) any use of a geographical indication for goods (wines and spirits) not originating in the place
indicated by the geographical indication in question, even where the true origin of the goods is
indicated or the geographical indication is used in translation or accompanied by waivers, delocalizing clarifications or expressions such as “kind”, “type”, “style”, “imitation” or others of
similar effect.
§11.2. Availability of Protection Regardless of Registration; Presumption
(a) Protection under this Act shall be available regardless of whether a geographical indication has been
registered. However, registration of a geographical indication under this Part shall, in any proceedings,
raise a presumption that such indication is a geographical indication.
§11.3. Homonymous Geographical Indications
a) In the case of homonymous geographical indications for identical products, protection under this
Part shall be accorded to each indication, subject to the provisions of Section 10.1 (a) (iii).
b) The Director General may allow homonymous geographical indications to be concurrently
registered if he or she is satisfied that the public will not be misled. In case of permitted concurrent
use of such indications, the Director General shall determine the practical conditions under which
the homonymous indications will be differentiated, taking into account the need to ensure
equitable treatment of the producers concerned and that consumers are not misled and issue
appropriate legislation.
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