Clause 9

Without prejudice to the jurisdiction of the Court to make a declaration apart from this section, the Court may, in proceedings between a person carrying out or proposing to carry out an act and any interested party of goods identified by a geographical indication, make a declaration that section 4 does not apply to that act or proposed act, notwithstanding that no assertion to the contrary has been made by that interested party or any other interested party of goods identified by the geographical indication.