9. Exception for failure to take action

Terms defined in s 2

• geographical indication

  geographical indication

  Defined · s 2

  “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;

  Open s 2
• trade mark

  trade mark

  Defined · s 2

  “trade mark” has the same meaning as in the Trade Marks Act;

  Open s 2
• use

  use

  Defined · s 2

  “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.

  Open s 2