Geographical Indications Act 2014 (No. 19 of 2014).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Act is enacted to provide for the protection of geographical indications in relation to natural or agricultural products or products of handicraft or industry. The Act consists of 88 Sections divided into 7 Parts: Preliminary; Protection for Geographical Indications; Exceptions; Registry of Geographical Indications and Administration; Registration of Geographical Indications; Assistance by Border Authorities; Miscellaneous and General Provisions.
The Act introduces a registration system and enhances the protection of geographical indications. There is to be a Registrar of Geographical Indications who has the control of the Registry of Geographical Indications (Sec. 17). The Registrar must be appointed by the Minister. For the purposes of this Act, an office known as the Registry of Geographical Indications shall be is established (Sec. 19). The Registrar must maintain a register of geographical indications (Sec. 21). Section 38 provides for persons who may apply for registration. Each of the following persons is entitled to file an application for registration of a geographical indication: (a) a person who is carrying on an activity as a producer in the geographical area specified in the application with respect to the goods specified in the application; (b) an association of persons referred to in paragraph (a); (c) a competent authority having responsibility for the geographical indication for which registration is sought.
For the protection of geographical indications, the Act stipulates that an interested party of goods identified by a geographical indication may bring an action against a person for carrying out an act to which Section 4 applies in relation to the geographical indication. The Court may grant to the claimant one or both of the following: (a) an injunction to restrain the further carrying out of the act; (b)damages or an account of profits (Sec. 5).
The Act introduces a registration system and enhances the protection of geographical indications. There is to be a Registrar of Geographical Indications who has the control of the Registry of Geographical Indications (Sec. 17). The Registrar must be appointed by the Minister. For the purposes of this Act, an office known as the Registry of Geographical Indications shall be is established (Sec. 19). The Registrar must maintain a register of geographical indications (Sec. 21). Section 38 provides for persons who may apply for registration. Each of the following persons is entitled to file an application for registration of a geographical indication: (a) a person who is carrying on an activity as a producer in the geographical area specified in the application with respect to the goods specified in the application; (b) an association of persons referred to in paragraph (a); (c) a competent authority having responsibility for the geographical indication for which registration is sought.
For the protection of geographical indications, the Act stipulates that an interested party of goods identified by a geographical indication may bring an action against a person for carrying out an act to which Section 4 applies in relation to the geographical indication. The Court may grant to the claimant one or both of the following: (a) an injunction to restrain the further carrying out of the act; (b)damages or an account of profits (Sec. 5).
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Long title of text
An Act to provide for the protection of geographical indications in relation to goods, and for matters connected therewith.
Repealed
No
Source language
English
Legislation Amendment
No