3. Interested party may bring action for certain uses of geographical indication
Feedback & supportSubject 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.
interested party
“interested party”, in relation to goods identified by a geographical indication, means a producer of the goods, a trader of the goods, or an association of such producers or traders or of such producers and traders;
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”, “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”, “imitation” or any similar word or expression.
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.
use
“use” means use as part of, or in connection with —(a)any transaction, including a purchase, sale or exchange;(b)any importing or exporting;(c)any advertisement; or(d)any invoice, wine list, catalogue, business letter, business paper, price list or other commercial document.
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.
geographical indication
“geographical indication” means any indication used in trade to identify goods as originating from a place, provided that —(a)the place is a qualifying country or a region or locality in the qualifying country; and(b)a given quality, reputation or other characteristic of the goods is essentially attributable to that place;