PROTECTION OF GEOGRAPHICAL INDICATIONS ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Protection of Geographical Indications

   3   Application to Court to prevent misleading use of geographical indication

   4   Protection of geographical indication

   5   Homonymous geographical indications

   6   Geographical indications excluded from protection

   7   Offences

 

PART III
Registration of Geographical Indications

   8   Registrar

   9   Application for registration

   10   Registration

   11   Right to use geographical indication

   12   Rectification of Register

   13   Cancellation of registration

   14   Procedure under section 12 or 13

   15   Appeal from decision of Registrar

   16   Regulations

 

PART IV
Special Provisions relating to Trade Marks

   17   Misleading trademark

   18   Trademarks conflicting with geographical indications for wines and spirits

 

PART V
Exceptions

   19   Exceptions

 

THE PROTECTION OF GEOGRAPHICAL INDICATIONS ACT

[Date of Commencement: 8th June 2009]

Act 5 of 2004.

PART I
Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Protection of Geographical Indications Act.

2   Interpretation

   In this Act-

   "Court" means the Supreme Court;

   "geographical indication" means an indication which identifies a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin;

   "good" means any natural or agricultural product or any product of industry or handicraft;

   "interested party" includes any person who is-

   (a)   a producer, manufacturer or merchant, engaged in the production or manufacture of or trade in goods; and

   (b)   established in-

         (i)   the locality falsely indicated as the source of such goods or in the region where such locality is situated; or

         (ii)   the country so falsely indicated or in the country where such false indication is used;

   "producer" means-

   (a)   a producer of agricultural products;

   (b)   a person who exploits natural products;

   (c)   a manufactuer of products of industry or handicraft; or

   (d)   a person who deals or trades in products referred to in paragraphs (a), (b) and (c);

   "Registrar" means the Registrar of Industrial Property appointed under the Jamaica Intellectual Property Office Act.

PART II
Protection of Geographical Indications (sections 3-7)

3   Application to Court to prevent misleading use of geographical indication

   (1) Any interested party may apply to the Court to prevent, in respect of a geographical indication-

   (a)   the use of any means in the designation or presentation of a good that indicates or suggests that the good originates in a geographical area other than the true place of origin, in a manner which misleads the public as to the geographical origin of the good; or

   (b)   any use which constitutes an act of unfair competition within the meaning of the Fair Competition Act; or

   (c)   any use which identifies wines or spirits, as the case may be, that do not originate in the place indicated by the geographical indication, as wines or spirits of that origin, even where-

         (i)   the true origin of those wines or spirits is indicated; or

         (ii)   the geographical indication is used in translation or accompanied by such expressions as "kind", "type", "style", "imitation", "comparable to" or other similar expressions.

   (2) The Court may, in proceedings under this section, grant an injunction, award damages or grant such other remedy as it considers appropriate.

4   Protection of geographical indication

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