Geographical Indications Act 2014 · 2020 Revised Edition · Part 5 · Registration of Geographical Indications
42. Registration of homonymous geographical indications
Feedback & supportThe Registrar may register a geographical indication that is a homonymous geographical indication in relation to an earlier geographical indication.
Registrar
“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;
For the purposes of subsection (1), the Registrar may register the homonymous geographical indication with practical conditions differentiating the homonymous geographical indication from the earlier geographical indication.
register
“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;
In determining the practical conditions to be imposed under subsection (2), the Registrar must take into account —
the need to ensure equitable treatment of all the interested parties concerned;
the need to ensure that consumers are not misled; and
the views and submissions of the applicant for registration of the homonymous geographical indication and of the applicant for registration or registrant (as the case may be) of the earlier geographical indication.
The Minister may make rules to provide for proceedings for the purposes of subsection (3)(c) and for matters relating thereto.
Where the Registrar decides to impose practical conditions under subsection (2), the Registrar must impose practical conditions on all the homonymous geographical indications in question.