关于知识产权 知识产权培训 树立尊重知识产权的风尚 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 人工智能工具和服务 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 知识产权执法 WIPO ALERT 宣传 世界知识产权日 WIPO杂志 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 金融 无形资产 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 WIPO Webcast 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO Translate 语音转文字 分类助手 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决 按管辖区浏览

地理标志法2002, 毛里求斯

返回
废止文本 
详情 详情 版本年份 2002 日期 议定: 2002年8月8日 文本类型 主要知识产权法 主题 地理标志 主题(二级) 知识产权及相关法律的执行, 知识产权监管机构

可用资料

主要文本 相关文本
主要文本 主要文本 英语 Geographical Indications Act 2002        
MU001: Geographical Indications, Act, 08/08/2002, No. 23

The Geographical Indications Act

Act No. 23 of 2002

I assent

K. OFFMANN,

President of the Republic

8th August 2002

Arrangement of Sections

An Act to provide for the protection of geographical indications and related matters.

ENACTED by the Parliament of Mauritius, as follows—

Part I
Preliminary

Short Title

1. This Act may be cited as the Geographical Indications Act 2002.

Interpretation

2. In this Act—

“Controller” means the Controller of the Industrial Property appointed under section 3 of the Patents, Industrial Designs and Trademarks Act 2002;

“geographical indication” means an indication which identifies a product 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 product is essentially attributable to its geographical origin;

“legal practitioner” has the same meaning as in the Law Practitioners Act;

“Minister” means the Minister to whom the responsibility for the subject of international trade is assigned;

“Paris Convention” means the Paris Convention for the Protection of Industrial Property of 1883;

“producer” means—

(a) any producer of agricultural products or any other person exploiting natural products;

(b) any manufacturer of products of handicraft or industry;

“product” means any natural or agricultural product or any product of handicraft or industry;

“Register” means the Register of Geographical Indications;

“Tribunal” means the Tribunal set up under section 9 of the Patents, Industrial Design and Trademarks Act 2002.

Part II
Protection of Geographical Indications

Unfair Practice

3.—(1) The use of—

(a) any means in the designation or presentation of a product that indicates or suggests that the product in question 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 product;

(b) a geographical indication—

(i) identifying wines for wines, or any such product as may be prescribed, not originating in the place indicated by the geographical indication in question; or

(ii) identifying spirits for spirits, or any such product as may be prescribed, not originating in the place indicated by the geographical indication in question;

even where the true origin of the products is indicated or the geographical indication is used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like, shall be unlawful.

(2) Any act referred to in subsection (1) shall amount to an act of unfair practice and may give rise to a claim in damages.

(3) Any proceeding under subsection (2) shall be initiated in accordance with the Protection Against Unfair Practices (Industrial Property Rights) Act 2002.

(4) Any person may institute court proceedings to prevent the use as described in subsection (1) and the court may, in addition to issuing an injunction, award damages and grant any other remedy or relief as it may deem fit.

Availability of Protection

4.—(1) The protection afforded under this Act shall be available in respect of a geographical indication—

(a) irrespective of whether it has been registered; or

(b) which, although literally true as to the territory, region or locality in which the products originate, falsely represents to the public that the products originate in another territory.

(2) The registration of any geographical indication under Part III of this Act shall, in any proceedings under this Act, raise a presumption that such indication is a geographical indication within the meaning of section 2 of this Act.

Homonymous Geographical Indications for Wines

5.—(1) In the case of homonymous geographical indications for wines, protection shall, subject to section 4 (1) (b), be granted to each indication.

(2) The Controller shall, in cases of permitted concurrent use of such indications, determine the practical conditions under which the homonymous indications in question will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.

Exclusion from Protection

6. Any—

(a) indication which does not correspond to the definition in
section 2 of this Act;

(b) indication which is contrary to public order or morality; or

(c) geographical indication which is not or ceases to be protected in their country of origin, or which has fallen into disuse in that country,

shall not be protected.

Offences

7. Any person who, knowingly and with intent to deceive, performs any of the acts referred to in section 3, shall commit an offence and shall, on conviction, be liable to a fine of not more than Rs 250,000 and to imprisonment for a term of not more than 5 years.

Part III
Registration of Geographical Indications

Application for Registration

8.—(1) An application for the registration of a geographical indication shall be filed with the Controller.

(2) Any person carrying on an activity as a producer in the geographical area specified in the application, with respect to the product specified in the application, shall have the right to file an application for registration.

(3) Where an applicant’s ordinary residence or principal place of business is outside Mauritius, he shall be represented by a legal practitioner resident and practising in Mauritius.

Contents of Application

9.—(1) An application for the registration of a geographical indication shall specify—

(a) the name, address and nationality of the person filing the application, and the capacity in which the applicant is applying for registration;

(b) the geographical indication for which registration is sought;

(c) the geographical areas to which the geographical indication applies;

(d) the products for which the geographical indication applies; and

(e) the quality, reputation or other characteristic of the products for which the geographical indication is used.

(2) The application shall be subject to the payment of a prescribed fee.

Registration

10.—(1) The Controller shall examine the application to ascertain whether it complies with the requirements of sections 8 and 9 and any prescribed regulations.

(2) Where the Controller finds that the conditions referred to in sections 8 and 9 have been fulfilled, he shall cause the application to be published in the prescribed manner.

(3) Any interested person may, within the prescribed period and in the prescribed manner, give notice to the Controller of opposition to the registration of the geographical indication on the grounds that one or more of the requirements of sections 6, 8 and 9 have not been fulfilled.

(4) The Controller shall send a copy of such notice of opposition to the applicant and, within the prescribed period and in the prescribed manner, the applicant shall send to the Controller and the opponent, a counter-statement of the grounds on which he relies for his application.

(5) Where, after a period of 1 month, the applicant does not send his counter-statement, his application shall lapse.

(6) Where the applicant sends a counter-statement, the Controller shall, after hearing the parties, decide whether the geographical indication shall be registered.

(7) Where the Controller finds that the conditions referred to in subsection (1) have been fulfilled, and either—

(a) the registration of the geographical indication has not been opposed within the prescribed time limit; or

(b) the registration of the geographical indication has been opposed and the opposition has been decided in the applicant’s favour,

he shall—

(i) register the geographical indication;

(ii) publish a reference to the registration; and

(iii) issue a certificate of registration to the applicant.

Right of Use

11. No person, other than a producer carrying on an activity in the geographical area specified in the Register, shall have the right to use a registered geographical indication in the course of trade with respect to the products specified in the Register, and which possess the quality, reputation or other characteristics specified in the Register.

Cancellation and Rectification of Registration

12.—(1) Any interested person may, subject to section 6, apply to the Tribunal for—

(a) the cancellation of the registration of a geographical indication on the ground that it does not qualify for protection;

(b) the rectification of the registration of a geographical indication on the ground that—

(i) the geographical area specified in the registration does not correspond to the geographical indication; or

(ii) that the indication of the products for which the geographical indication is used or the indication of the quality, reputation or other characteristic of such products is missing or unsatisfactory.

(2) In any proceedings under this section, notice of the request for cancellation or rectification shall be—

(a) served on the person who filed the application for registration of the geographical indication or his successor in title; and

(b) given to all persons having the right to use the geographical indication under section 11,

in such manner as may be prescribed.

(3) Any person referred to in subsection (2) or any other person having an interest in the matter may, within a period which shall be specified by the Tribunal in the said notice and publication, apply to join in the proceedings.

(4) The Registrar of the Tribunal shall notify the Controller of the decision of the Tribunal or the decision on any appeal therefrom and the Controller shall record and publish a reference thereto as soon as possible.

Register

13.—(1) The Controller shall maintain a Register in which he shall record all matters required by this Act to be recorded.

(2) The Register may be consulted by any person, and any person may obtain extracts therefrom, on payment of the prescribed fee.

(3) Any publication provided for under this Act shall be published by the Controller in the prescribed manner.

Correction of Errors

14.—(1) The Controller may, subject to any regulations made under this Act, correct any error of translation or transcription, clerical error or mistake in any application or document filed with the Controller or in any matter recorded pursuant to this Act.

Extension of Time

15.—(1) Where the Controller is satisfied that the circumstances so justify, he may, upon receiving a written request, extend the time for doing any act or taking any proceeding under this Act and thereafter serve notice to any party concerned and upon such terms as he may determine.

(2) Notwithstanding that the time for doing the act or taking the proceeding has expired, the Controller, may, on good cause shown, grant an extension of time.

Exercise of Discretionary Powers

16. The Controller shall, before exercising any discretionary power vested in him by this Act, which adversely affects any party to a proceeding before him, afford that party an opportunity to be heard.

Competence of Tribunal

17.—(1) The Tribunal shall have jurisdiction in cases of dispute relating to the interpretation of this Act and in matters which, under the Patents, Industrial Designs and Trademarks Act 2002, are referred to it.

(2) Any decision taken by the Controller under this Act, in particular the registration of a geographical indication, may be the subject of an appeal by any interested party to the Tribunal.

Part IV
Special Provisions Concerning Marks, Exceptions

Misleading Marks

18. Notwithstanding any other enactment, the Controller shall, on his own motion or at the request of an interested party, refuse, or invalidate, the registration of a trademark which contains or consists of a geographical indication with respect to products not originating in the territory indicated, where the use of the indication in the trademark for such products in Mauritius 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

19. The 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 of a geographical indication identifying spirits shall be refused or invalidated by the Controller on his own motion or at the request of an interested party with respect to such wines or spirits not having this origin.

Exceptions Regarding Prior Use

20.—(1) Nothing in this Act shall prevent the continued and similar use of a particular geographical indication of another country identifying wines or spirits in connection with products or services, by any national or resident of Mauritius who has used that geographical indication in a continuous manner with regard to the same or related products or services in the territory of Mauritius either—

(a) for at least 10 years preceding April 15, 1994; or

(b) in good faith preceding that date.

(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—

(a) before the date of entry into force of this Act; or

(b) before the geographical indication is protected in its country of origin,

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.

(3) Nothing in this Act shall apply in respect of a geographical indication of any country with respect to products or services for which the relevant indication is identical with the term customary in common language, as the common name for such products or services in Mauritius or in respect of a geographical indication of any other country with respect to products of the vine for which the relevant indication is identical with the customary name of a grape variety existing in Mauritius as at 1 January, 1995.

(4) Any request for relief made under Part II of this Act in connection with the use or registration of a trademark must be presented within 5 years after the adverse use of the protected indication has become generally known in Mauritius or after the date of registration of the trademark in Mauritius, provided that the trademark has been published by that date, if such date is earlier than the date on which the adverse use became generally known in Mauritius and provided that the geographical indication is not used or registered in bad faith.

(5) This Act shall in no way prejudice the right of any person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business, except where such name is used in such a manner as to mislead the public.

Part V
Regulations

Regulations

21. The Minister may make regulations prescribing any matter that are required or permitted to give effect to this Act.

Part VI
Commencement

Commencement

22. This Act shall come into force on a date to be fixed by Proclamation.

Passed by the National Assembly on the second day of July two thousand and two.

Andre Pompon

Clerk of the National Assembly


立法 被以下文本废止 (1 文本) 被以下文本废止 (1 文本) 世贸组织文件号
IP/N/1/MUS/G/1
IP/N/1/MUS/G/2
无可用数据。

WIPO Lex编号 MU001