Singapore legislation
Clause 52
Clause 52
Cancellation of registration of geographical indication
(1)
The registration of a geographical indication may be cancelled —
by the Registrar upon an application by the registrant; or
by the Court or the Registrar upon an application by any other person on any of the grounds referred to in subsection (2).
(2)
The grounds for the cancellation of the registration of a geographical indication referred to in subsection (1)(b) are as follows:
that the geographical indication was registered in breach of section 41;
that the registration was obtained fraudulently or by misrepresentation;
that the geographical indication has ceased to be protected in its country or territory of origin;
that there has been a failure to maintain, in Singapore, any commercial activity or interest in relation to the geographical indication, including commercialisation, promotion or market monitoring;
that, in consequence of a lack of any activity by any interested party of goods identified by a registered geographical indication, the geographical indication has become the common name of those goods in Singapore.
(3)
An application for the cancellation of the registration of a geographical indication under subsection (1)(b) may be made either to the Registrar or to the Court, except that —
if proceedings concerning the geographical indication in question are pending in the Court, the application must be made to the Court; and
if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the Court.
(4)
The Minister may make rules —
to provide for the manner by which a registration of a geographical indication may be cancelled under subsection (1)(a); and
for protecting the interests of other persons having an interest in the registered geographical indication.
(5)
Where the registration of a geographical indication is cancelled under subsection (1)(a), the rights conferred by the registration on any interested party of goods identified by the geographical indication shall cease to exist with effect from the date of the cancellation of the registration.
(6)
Where the registration of a geographical indication is cancelled on a ground referred to in subsection (2)(a) or (b), the geographical indication shall be deemed never to have been registered.
(7)
Where the registration of a geographical indication is cancelled on a ground referred to in subsection (2)(c), (d) or (e), the rights conferred by the registration on any interested party of goods identified by the geographical indication shall cease to exist with effect from —
the date of the application for cancellation; or
if the Registrar or the Court is satisfied that the ground existed at an earlier date, that earlier date.
(8)
A cancellation of the registration of a geographical indication under this section shall not affect any rights in respect of the geographical indication that are not conferred by the registration.