Geographical Indications Act 2014 · 2020 Revised Edition · Part 2 · Protection for Geographical Indications
10. Homonymous geographical indications for prescribed goods
Feedback & supportAny interested party of any prescribed goods identified by homonymous geographical indications may take action under section 4 against the carrying out of an act to which that section applies.
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;
Any interested party of any prescribed goods identified by homonymous geographical indications may, where no practical conditions in respect of the homonymous geographical indications have been imposed by the Registrar under section 42(2), apply to the Court for a declaration of the practical conditions under which the homonymous geographical indications are to be differentiated from one another.
goods
“goods” means any natural or agricultural product or any product of handicraft or industry;
The Court in making a declaration under subsection (2), is to take into account —
the need to ensure equitable treatment of all the interested parties concerned; and
the need to ensure that consumers are not misled.