No.4] Geographical Indications Act [ 2000.
SAINT LUCIA
No. 4 of2000
ARRANGEMENT OF SECTIONS
PARTI
PRELlldl;\ARY
PART II
REG I STR.·\TIOCi OF GEOGRAPHICAL INDICATIONS
PART III
PROTECTION OF GEOGRAPHICAL INDICATIONS
16. Offences and penalties.
PART IV
SPECIAL PROVISIONS CONCERNING MARKS; EXCEPTIONS
PART V
20. Regulations. SCHEDULE
I ASSENT
[L.S.] PEARLETTE LOUISY,
Governor-General.
27th March, 2000.
No.4 of 2000
AN ACT to provide for the registration and protection of geographical indications and related matters.
[ On Proclamation]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent ofthe House ofAssembly and the Senate ofSaint Lucia, and by the authority ofthe same as follows:
PART I
PREU\IIN,-\RY
Short title and commencement
1. -(1) This Act may be cited as the Geographical Indications Act, 2000.
(2) This Act shall come into force on a date to be fixed by the Minister by Order published in the Gaze/te.
Interp retation In this Act "applicant" means a person applying under section 3; "competent authority" means an authority described under
section 4 (1) (c); "Court" means the High Court; "geographical indication" means an indication which identifies a
good as originating in the territory ofa country, or a region or locality in.this territory, \-vhere 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 ofhandicraft or industry; "Minister" means the Minister to whom responsibility for intellectual property has been assigned; "Paris Convention" means the Paris Convention for the Protection of Industrial Property of March 20, 1883, as last revised; "person" means a body corporate or an unincorporated body; "producer" means
811d
(3) any trader dealing in the said products; "Register" means the Register ofGeographical Indications. "Registrar" means the Registrar of Companies and Intellectual
Property.
PARTIr
REGISTRA, TION OF GEOGRAPHICAL INTIIC.-\ TIONS
Application for registration and contents of application
3. -(1) An application for the registration of a geographical indication shall be filed with the Registrar and shall specify
(1) An application for the registration ofa geographical indication shall be subject to the payment ofa prescribed fee.
Rights to file application and representation
4.-(1) The follO\ving shall have the right to file an application:
(2) Where an applicant's ordinary residence or principal place of business is outside Saint Lucia he or she shall be represented by' an attorney-at-law resident and practising in Saint Lucia,
Examination; opposition and registration
1. -(1) The Registrar shall examine an application to ascertain whether it complies with the requirements of sections 3, 4 and 15 and the Regulations.
(2) Any interested person or competent authority may, within the prescribed period and in the prescribed manner, give notice to the Registrar of opposition to the registration of a geographical indication on the grounds that one or more ofthe requirements of sections 3 and 4 are not fulfilled.
the Registrar shall register the geographical indication, publish a reference to the registration and issue to the applicant a certificate of registration.
(6) An application that does not comply with the requirements of subsection (1) shall be refused by the Registrar.
Right to use
6. Only producers carrying on their activity in the geographical area specified in the Register shall have the right to use in the course of trade a registered geographical indication, with respect to the products specified in the Register, provided that such products possess the quality, reputation or other characteristic specified in the Register.
Cancellation and rectification of re1:,ristration and publication
7.-(1) An interested person or a competent authority may apply to the Court for
Register and publication
8. -(1) The Registrar shall maintain a Register in 'which he or she shall record all matters required by this Act to be recorded and the Register may be consulted by any person, who may obtain an extract therefrom, under the conditions prescribed in the Regulations.
(2) The Registrar shall publish in the prescribed manner all the publications provided for in this Act.
Correction of errors and extension of time
9.-(1) The Registrar may, subject to Regulations made under this Act, correct any error of translation or transcription, clerical error or mistake in any application or document filed with the Registrar or in any matter recorded pursuant to this Act or the Regulations.
(2) Ifthe Registrar is satisfied that the circumstances justify it, notwithstanding that the time has expired, he or she may, upon receiving a written request, extend the time for doing any act or taking any proceeding under this Act and the Regulations, upon notice to parties concerned and upon such terms as he or she may direct.
10. Where the exercise of a discretionary power by the Registrar under this Act is likely to adversely affect a party to a proceeding before the Registrar, the party shall be given an opportunity to be heard before the power is exercised.
11. -(1) The Court shall have jurisdiction in cases of dispute relating to the application of this Act and in matters which under this Act are to be referred to the Court.
(2) Any decision taken by the Registrar under this Act may be the subject of an appeal by any interested party before the Court and such appeal shall be filed within two months ofthe date ofthe decision.
PART III
PROTECTION OF GEOGRAPHICAL INDICATIONS
12. -(1) Any interested person or any interested group ofproducers or consumers may institute proceedings in the Court to prevent, in respect ofgeographical indication
(2) In proceedings under this section the Court may issue an injunction, award dan1ages or grant any other remedy or reliefas it may deem fit.
Availability of protection regardless of registration and presumption
13.-(1) Protection under this Act shall be available regardless of whether the geographical indication has been registered. However, registration ofa geographical indication under Part II ofthis Act shall, in any proceedings under this Act, raise a presumption that such indication is a geographical indication within the meaning of section 2;
(2) Protection underthis Act shall be available against a geographical indication which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another territory.
Homonymous geographical indications for wines
14.-(1) In the case of homonymous geographical indications of wines, protection shall be accorded to each indication, subject to subsection (2) ofsection 13.
(2) The Registrar in cases of permitted concurrent use of such indications, shall determine the practical condition under which the homonymous indications in question will be differentiated from each other, taking into account the need to ensure equitable treatment ofthe producers concerned and that consumers are not misled.
Exclusion from protection
15. The follo\ving shall not be protected as geographical indications
Offences and penalties
16. A person \\'ho knowingly and with intent to deceive perfom1s any of the acts referred to in section 12 commits of an offence and is liable on summan' conviction to a fine of ten thousand dollars and to imprisonment for-two years.
PART IV
SPECIAL PROVISIONS CONCERL"JING M.~s: EXCEPTIO~S
Misleading marks
17. The Registrar shall, on his or her own motion or at the request ofan interested party, refuse or invalidate the registration ofa trademark which contains or consists of a geographical indication with respect to goods not originating in the territory indicated, ifuse ofthe indication in the trademark for such goods in Saint Lucia is of such a nature as to mislead the public as to the true place of origin.
Marks conflicting with a geographical indication for wines and spirits
18. 111e registration of a trademark for wines which contains or consists of a geographical indication identifying wines or of a trademark for spirits which contains or consists ofa geographical indication identifying spirits shall be refused or invalidated by the Registrar on his own motion or at the request ofan interested party, with respect to such wines or spirits not having this origin.
Exceptions regarding prior users
19. -(1) Nothing in this Act shall prevent continued and similar use of a particular geographical indication of another country identifying wines or spirits, in connection \vith goods or services, by any of its nationals or domiciliaries who have used that geographical indiction in a continuous manner with regard to the same or related goods or services in the territory ofthat country either
(2) Where a trademark has been applied for or registered in good faith, or where rights to a trademark have been acquired through use in good faith either
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this Act shall not prejudice the registrability of or the validity of the registration of a trademark, or the right to use a trademark, on the basis that such a trademark is identical with, or similar to, a geographical indication.
PART V
REGULATIONS
Regulations
20. TI1e Minister mav make Regulations prescribing all matters that are required or permitted-by this Act to be prescribed, or are necessary or convenient to give effect to this Act
(Section 12)
PARIS CONVENTION 1967
Articles 10 bis
[Unfair Competition]
0) The countries of the Union are bound to assure to nationals of such countries effective protection against unfair competition.
(2) Any act of competition contrary to honest practices in industrial or commercial matters constitutes an act of unfair competition.
(3) The following in particular shall be prohibited:
Passed in the House ofAssembly this 21 st day of December, 1999.
MATTHEW ROBERTS,
Speaker of the House of Assembly.
Passed in the Senate this 7th day of March, 2000.
HILFORD DETERVILLE,
President of the Senate.