A.62
Examination of
application for
registration of
geographical
indication
Opposition to
registration of
geographical
indication
Registration of
geographical
indication
(iv) evidence that the product originates in the defined
geographical area,
(v) a description of the method of obtaining or producing the
product, including as appropriate, the traditional local methods,
and information concerning packaging if it is claimed that the
packaging is relevant to the claimed characteristics or required
to safeguard the quality or ensure the genuine origin of the product,
(vi) details bearing out the link between the quality or characteristics
of the product and its geographical origin,
(vii) the name and address of the authority or body responsible for
certifying compliance with the specification, or
(viii) other information prescribed by regulation; and
(d) other requirements prescribed by regulation.
(2) The applicant may at any time before his or her geographical
indication is registered withdraw his or her application.
108. (1) The Registrar shall examine an application for registration
of a geographical indication to determine whether —
(a) it complies with the requirements of section 107 (1) and any
other requirements as may be prescribed; and
(b) it complies with the requirements of paragraphs (a) to (e) of
section 106 (2).
(2) The Registrar shall, if he or she is satisfied that the application
complies with the requirements of the provisions of this section, accept
that application and shall, within such time and in such manner as may
be prescribed, publish that application in the Journal.
109. (1) Any interested person may, on the ground that the
requirements of section 106 (2) have not been satisfied, or
that the geographical indication does not comply with the definition of
a geographical indication as specified in this Act, give to the Registrar
within such period and in such manner as may be prescribed, notice of
his or her opposition to the registration of the geographical indication.
(2) The Registrar shall, as soon as he or she receives a notice under
subsection (1), send a copy thereof to the applicant who shall, within
such period and in such manner as may be prescribed, send to the
Registrar, his or her written response thereto (referred to as a “counterstatement”) specifying the grounds on which he or she relies for his or
her application.
110. (1) Where, having considered the merits of any opposition and
any counter-statement, the Registrar is satisfied that the application for
the registration of a geographical indication satisfies the requirements
of this Act, the Registrar shall —
(a) register the geographical indication in the appropriate register;
(b) issue to the applicant, a certificate of registration; and
(c) publish in the Journal, a reference to the registration of the geographical
indication.