Act 8
Geographical Indications Act
2013
(5) A person aggrieved by the decision of the registrar may
appeal to court.
(6) An appeal under this section shall be made in a prescribed
form.
(7) On appeal, the court shall, if required, hear the parties and
shall make an order determining whether and subject to what
conditions or limitations registration is to be permitted.
(8) On hearing of an appeal under this section, any party, may,
either in the manner prescribed or by special leave of court, bring
forward further material for the consideration of the court.
(9) On appeal under this section, no further grounds of objection
to the registration of a geographical indication shall be allowed to be
taken by the person objecting or the registrar, other than those stated
by the person objecting, except by leave of court.
(10) Where any further grounds of objection are taken, the
applicant shall be entitled to withdraw his or her application without
payment of the costs of the person objecting on giving notice as
prescribed.
(11) On hearing the appeal, the court may permit the
geographical indication proposed, to be registered and modified in a
manner not substantially affecting its identity and the modified
geographical indication shall be published in the prescribed form
before being registered.
(12) Where a person who gives notice of an objection or an
applicant who sends a counter statement after receipt of a copy of a
notice or an appellant, does not reside or carry on business in the East
African Community, the court or the registrar may require him or her
to give security for costs of proceedings before the court or the
registrar relating to the objection or to the appeal, as the case may be,
and if the security is not given may treat the objection or application
or the appeal as abandoned.
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