1. If any legal entity that represents the following people in a locality where the relevant goods are manufactured wishes to register a Geographical Indication, it shall file an application for registration with the Registrar in accordance with the requirements:
(a) Persons who exploit natural products or produce products made of natural resources;
(b) Manufacturers of agricultural products;
(c) Manufacturers of handicrafts and industrial products;
(d)Respective officers from the relevant government department or government organization for and on behalf of the persons described in Subsections (a) to (c);
2. (a) An application for the registration of a Geographical Indication shall include
i. The name of the applicant entity or the name, nationality, and address of the representative of the entity;
ii. The Geographical Indication for which the application for registration is filed;
iii. The place of origin of the Geographical Indication for which the application for registration is filed;
iv. The goods for which the Geographical Indication is used.
(b) The following information shall be provided together with the application:
i. Specific attributes, quality, or reputation of the goods;
ii. Specific quality, reputation, or characteristics of the goods and the relationship between the place of origin and the manufacturing method of the goods;
iii. Other requirements.
(c) The prescribed registration fee shall be paid upon filing the application.
3. A Geographical Indication is not registrable if
(a) it does not comply with the definition of Geographical Indication stated in Section 2(o);
(b) such Geographical Indication that is to be used on the proposed goods is generic or customary in the common language of the Union;
(c) such Geographical Indication is contrary to public order, morality, or public policy.
4. Any interested person or relevant government department or department organization may apply to the Registrar for a declaration of invalidity or a revocation of registration of a Geographical Indication on the grounds
(a) that such Geographical Indication does not comply with the definition of Geographical Indication stated in Section 2(o);
(b) that it cannot continue carrying out the activities required for registration set forth in Section 2 (b) and other applicable requirements;
(c) that such Geographical Indication is an indication that is not protected, ceases to be protected, or ceases to be used in the place of origin;
(d) such Geographical Indication is contrary to public order, morality, or public policy.
5. (a) Only persons that carry out activities within certain regions in respect to the goods stated in the Register shall be entitled to use the registered Geographical Indication in the course of trade. However; such goods shall have the same quality, reputation, or other characteristics as those stated in the Register.
(b)The protection of a registered homonymous name shall be subject to a sufficient distinction in practice between a homonym registered subsequently and the name already on the Register, having regard to the need to treat the manufacturers concerned in an equitable manner and not to mislead the consumer.
(c) A person that has a right to a registered Geographical Indication shall have the right to prevent the following acts:
i. Use of Geographical Indications in any way for goods that do not truly originate in the geographical areas indicated by such Geographical Indications with the intention of misleading the public;
ii. Use of registered Geographical Indications in any way that constitutes an act of unfair competition;
iii. Use of Geographical Indications in any way for goods that do not originate in the geographical areas indicated by such Geographical Indications where the true origin of the goods is indicated or where the Geographical Indication is used in translation or is accompanied by expressions such as “kind”, “group”, “style”, “imitation”.
(d) No rights stated in Subsections (a) and (c) shall be granted in respect to other Geographical Indications that mislead the public into believing that goods come from another territory, even if the name accurately indicates the actual place of origin of the goods.
6. (a) If an application complies with Section 1, 2, and 3, the Registrar shall publish the content and information stated in the application in the prescribed manner.
(b) The provisions relating to an opposition against the registration of a Mark may, as may be necessary, apply to persons that wish to oppose the registration of a Geographical Indication.
(c) If the Registrar receives no statement of opposition or refuses a statement of opposition, it shall register the Geographical Indication.
7. Registration of a Geographical Indication shall be effective under this Law as long as the distinctive characteristics, quality, or reputation for which protection is granted exist.
8. (a) Where an application for registration of a Mark is filed after filing an application for a Geographical Indication under this Law, the Registrar shall refuse the registration of the Mark used as being in violation of Section 5 or in relation to identical products.
b) If it is found that registered Marks correspond to Subsection (a), such Marks shall be declared invalid.
(c) Even if a Mark that has been applied for or is registered in good faith before filing an application for the Geographical Indication is used in breach of Section 5, notwithstanding any provisions herein relating to the registration of Geographical Indications, the use of such Mark may continue in respect to such products, provided that such use does not contravene the provisions of Chapter (15). The Registrar may permit the use of a Geographical Indication in such cases in the same way as the use of the Mark that such Geographical Indication is related to.
9. (a)The relevant departments or organizations shall supervise the use of registered Geographical Indications. Some supervision tasks may be assigned to another entity.
(b) Supervision tasks include:
i. Ensuring that the relevant products are consistent with the description of products for which the Geographical Indication is registered;
ii. Overseeing the use of registered Geographical Indications in the market.
(c) The costs for supervision tasks that ensure the relevant products are consistent with such descriptions shall be incurred by the relevant parties.
10. Regarding the infringement of rights of Geographical Indications, if there is non-compliance with provisions of this Law and the requirements thereof, action shall be taken ccording to the provisions concerning taking action in respect to infringement of rights in Marks.
