In forceAmended2020 Revised Edition

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Geographical Indications Act 2014 · 2020 Revised Edition · Part 4 · Registry of Geographical Indications and Administration

32. Appeals from Registrar

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Amended

Last amended by an amending law of 2021. 2 amendments in all.

(1)

Except as provided under subsection (2) or by rules made under this Act, there is no appeal from a decision of the Registrar for any matter under this Act or the rules made under this Act.

(2)

The following are subject to appeal to the Court:

(a)

a decision of the Registrar under section 22;

(b)

a decision of the Registrar under section 40(2) as to whether any specific goods fall within a category of goods set out in the Schedule;

(c)

a decision of the Registrar as to the registrability of a geographical indication;

(d)

a decision of the Registrar under section 42(2) on the practical conditions differentiating a homonymous geographical indication from an earlier geographical indication;

(e)

a decision of the Registrar under section 46(6) on a request for entry in the register of a qualification of the rights conferred upon a registered geographical indication;

(f)

a decision of the Registrar relating to a request for cancellation under section 52.

(3)

An appeal does not lie to the appellate court from a decision of the Court on appeal from a decision of the Registrar for any matter under this Act or the rules made under this Act unless permission to appeal is given by the appellate court.

(4)

In this section, “appellate court” means the court to which an appeal under subsection (3) is to be made under section 29C of the Supreme Court of Judicature Act 1969.

Terms defined in s 2

Court
Defined · s 2
“Court” means the General Division of the High Court;
Open s 2
earlier geographical indication
Defined · s 2
“earlier geographical indication”, in relation to an application for registration of a geographical indication made under section 39 (called in this definition the application in question), means a geographical indication —(a)which has been registered under section 48; or(b)an application for registration of which has been made under section 39,before the date of the application in question;
Open s 2
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 a qualifying country; and(b)a given quality, reputation or other characteristic of the goods is essentially attributable to that place;
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goods
Defined · s 2
“goods” means any natural or agricultural product or any product of handicraft or industry;
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homonymous geographical indication
Defined · s 2
“homonymous geographical indication” means a geographical indication that, in part or in whole, has the same spelling as, or sounds the same as, a geographical indication for any goods having a different geographical origin;
Open s 2
register
Defined · s 2
“register” means —(a)when used as a noun, the register of geographical indications maintained by the Registrar under section 21; and(b)when used as a verb, to enter in the register;
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registered geographical indication
Defined · s 2
“registered geographical indication” means a geographical indication that is registered under section 48;
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Registrar
Defined · s 2
“Registrar” means the Registrar of Geographical Indications appointed under section 17 and includes any Deputy Registrar or Assistant Registrar of Geographical Indications appointed under that section;
Open s 2