Act 8

Geographical Indications Act
PART II—PROTECTION OF GEOGRAPHICAL INDICATIONS

2013

3. Reference to description or presentation of goods.
In this Act, a reference to the description or presentation of goods
includes a reference to a name, address, place, sign, design, trademark
or other matter used in relation to the goods whether or not it
appears—
(a) on a container, wrapping or label or on the goods;
(b) on a document relating to the use, or a transaction involving
the transport of the goods; or
(c) in an advertisement relating to the goods.
4.

Similarity of geographical indications and prohibitions.
(1) A person shall not use a geographical indication in the
designation or presentation of goods—
(a) where the designation or presentation suggests that the goods
originate in a geographical area other than the true place
of origin;
(b) where the use constitutes an act of unfair competition; and
(c) where the goods do not originate in the territory indicated by
the geographical indication, even where the true origin of
the goods is indicated or the geographical indication is
used in translation or accompanied by expressions such as
“kind”, “type”, “style”, “limitation”.
(2) The following acts as they relate to geographical indications
are prohibited—
(a) use of geographical indications of such a nature as to create
confusion with the establishment, the goods or the
industrial or commercial activities of a competitor;
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