Singapore legislation

Section 3

Interested party may bring action for certain uses of geographical indication

(1)

Subject to the provisions of this Act, an interested party of goods identified by a geographical indication may bring an action against a person for carrying out an act to which this section applies in relation to the geographical indication.

(2)

This section shall apply to the following acts:

(a)

the use of a geographical indication in relation to any goods which did not originate in the place indicated by the geographical indication, in a manner which misleads the public as to the geographical origin of the goods;

(b)

any use of a geographical indication which constitutes an act of unfair competition within the meaning of Article 10 bis of the Paris Convention;

(c)

any use of a geographical indication, being a geographical indication which identifies a wine, in relation to a wine which did not originate from the place indicated by the geographical indication, whether or not —

(i)

the true geographical origin of the second-mentioned wine is used together with the geographical indication;

(ii)

the geographical indication is used in translation; or

(iii)

the geographical indication is accompanied by any of the words “kind”, “type”, “style”, “imitation” or any similar word or expression; and

(d)

any use of a geographical indication, being a geographical indication which identifies a spirit, in relation to a spirit which did not originate from the place indicated by the geographical indication, whether or not —

(i)

the true geographical origin of the second-mentioned spirit is used together with the geographical indication;

(ii)

the geographical indication is used in translation; or

(iii)

the geographical indication is accompanied by any of the words “kind”, “type”, “style”, “imitation” or any similar word or expression.

(3)

Any use of a geographical indication within the meaning of subsection (2) shall be deemed to be an act to which this section applies even if the geographical indication is literally true as to the geographical origin of the goods in question, provided that such use falsely represents to the public that the goods originate in another place.

(4)

For the purposes of subsection (2), “use of a geographical indication” includes the use of a trade mark which contains or consists of the geographical indication in question.

Read in full context — Geographical Indications Act →