Singapore legislation
Clause 46
Clause 46
Requests for qualification to be entered in register
(1)
Any person may, at any time after the date of the publication of an application for registration under section 45, request that a qualification, of the rights conferred under this Act in respect of a registered geographical indication, be entered in the register —
in relation to any name contained in the geographical indication; or
in relation to any term which may be a possible translation of the geographical indication.
(2)
The request under subsection (1) may only be made on either or both of the following grounds:
that one or more of the exceptions referred to under Part III applies;
that the term referred to in subsection (1)(b) is not a translation of the geographical indication.
(3)
The request shall be made to the Registrar in writing in the prescribed manner, and shall include a statement of the grounds for the request and such other matter as may be prescribed.
(4)
The Minister may make rules to provide for proceedings for the purposes of this section and for matters relating thereto.
(5)
Subject to subsection (6), the Registrar shall, if satisfied that either or both of the grounds referred to in subsection (2) is made out, cause to be entered in the register a qualification of the rights conferred under this Act in relation to such of the following as may be applicable:
any name contained in the registered geographical indication;
any term which is not a translation of the registered geographical indication; or
any term which is a translation of the registered geographical indication.
(6)
Where any proceedings for the purposes of this section are concluded before the registration of the geographical indication under section 48, a qualification shall only be entered in the register upon the registration of the geographical indication in question.
(7)
Where a registered geographical indication is subject to a qualification under subsection (5), the rights of an interested party in respect of the geographical indication are restricted accordingly.
(8)
The Minister may make rules as to the publication and entry in the register of a qualification under subsection (5).