Geographical Indications Act 2014 · 2020 Revised Edition · Part 5 · Registration of Geographical Indications
46. Requests for qualification to be entered in register
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Subject to subsection (4), any person may, at any time after the date of the publication of an application for registration of a geographical indication under section 45 but before the registration of the geographical indication under section 48, request that a qualification, of any of the rights conferred under this Act in respect of a registered geographical indication, be entered in the register —
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 a qualifying country; and(b)a given quality, reputation or other characteristic of the goods is essentially attributable to that place;
in relation to any name contained in the geographical indication; or
in relation to any term which may be a possible translation of the geographical indication.
The request under subsection (1) may only be made on either or both of the following grounds:
that one or more of the exceptions referred to under Part 3 applies;
that the term referred to in subsection (1)(b) is not a translation of the geographical indication.
The request must be made to the Registrar in writing in the prescribed manner, and must include a statement of the grounds for the request and such other matter as may be prescribed.
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;
A request under subsection (1) may not be made if the request —
is for a qualification of all the rights conferred under this Act in respect of a registered geographical indication to be entered in the register —
in relation to any name contained in the geographical indication that is the subject of the application for registration; or
in relation to any term which may be a possible translation of the geographical indication that is the subject of the application for registration; and
is made on the ground that one or more of the exceptions mentioned in section 11(a), (b) or (c) or 15 applies to that name or term.
The Minister may make rules to provide for proceedings for the purposes of this section and for matters relating thereto.
Subject to subsection (7), the Registrar must, if satisfied that either or both of the grounds referred to in subsection (2) is made out, cause to be entered in the register a qualification of the rights conferred under this Act in relation to such of the following as may be applicable:
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;
any name contained in the registered geographical indication;
any term which is not a translation of the registered geographical indication;
any term which is a translation of the registered geographical indication.
Where any proceedings for the purposes of this section are concluded before the registration of the geographical indication under section 48, a qualification may only be entered in the register upon the registration of the geographical indication in question.
Where a registered geographical indication is subject to a qualification under subsection (6), the rights of an interested party in respect of the geographical indication are restricted accordingly.
registered geographical indication
“registered geographical indication” means a geographical indication that is registered under section 48;
The Minister may make rules as to the publication and entry in the register of a qualification under subsection (6).