Singapore legislation
Clause 4
Clause 4
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:
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;
any use of a geographical indication which constitutes an act of unfair competition within the meaning of Article 10 bis of the Paris Convention;
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 —
the true geographical origin of the second‑mentioned wine is used together with the geographical indication;
the geographical indication is used in translation; or
the geographical indication is accompanied by any of the words “kind”, “type”, “style” or “imitation” or any similar word or expression; and
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 —
the true geographical origin of the second‑mentioned spirit is used together with the geographical indication;
the geographical indication is used in translation; or
the geographical indication is accompanied by any of the words “kind”, “type”, “style” or “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.
(5)
Subsection (2)(c) and (d) shall not apply to the use of a geographical indication to identify an ingredient of a wine and an ingredient of a spirit, respectively, if the geographical indication is literally true as to the geographical origin of the ingredient in question, provided that such use does not falsely represent to the public that the wine or spirit (as the case may be) originates in the place indicated by the geographical indication.
(6)
This section shall apply to any use of a registered geographical indication which identifies any agricultural product or foodstuff (other than a wine or a spirit) belonging to a category of goods listed in the Schedule, in relation to any goods which are of the same category as that agricultural product or foodstuff, but which did not originate in the place indicated by the registered geographical indication, whether or not —
the true geographical origin of those goods is used together with the registered geographical indication;
the registered geographical indication is used in translation; or
the registered geographical indication is accompanied by any of the words “kind”, “type”, “style” or “imitation” or any similar word or expression.
(7)
Any use of a registered geographical indication within the meaning of subsection (6) 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.
(8)
For the purposes of subsection (6) —
Definition
“foodstuff” means any natural or agricultural product that is meant for human consumption;
Definition
“use of a registered geographical indication” includes the use of a trade mark which contains or consists of the geographical indication in question.
(9)
Subsection (6) shall not apply to the use of a registered geographical indication to identify an ingredient of any goods, if the geographical indication is literally true as to the geographical origin of the ingredient in question, provided that such use does not falsely represent to the public that the goods originate in the place indicated by the geographical indication.