Geographical Indications Act 2014 · 2020 Revised Edition · Part 5 · Registration of Geographical Indications
48A. Application for limitation of scope to be entered in register
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Subject to subsection (4), any person may, at any time after the registration of a geographical indication under section 48, apply to the Court for an order that a limitation of the scope 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 registered geographical indication; or
in relation to any term which may be a possible translation of the registered geographical indication.
The application under subsection (1) may only be made on either or both of the following grounds:
that one or more of the exceptions mentioned in Part 3 applies;
that the term mentioned in subsection (1)(b) is not a translation of the registered geographical indication.
The application must be made to the Court in the prescribed manner, and must include a statement of the grounds for the application and any other matter that may be prescribed.
An application under subsection (1) may not be made if the application —
is for an order that a limitation of the scope of all the rights conferred under this Act in respect of a registered geographical indication be entered in the register —
in relation to any name contained in the registered geographical indication; or
in relation to any term which may be a possible translation of the registered geographical indication and which is registered as a variant constituting the registered geographical indication; 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 Court, if satisfied that either or both of the grounds mentioned in subsection (2) is made out, must order the Registrar to cause to be entered in the register a limitation of the scope of the rights conferred under this Act in relation to any of the following that is applicable:
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;
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 a registered geographical indication is subject to a limitation of the scope of rights under subsection (5), 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 entry in the register of a limitation of the scope of rights under subsection (5).
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;