GEOGRAPHICAL INDICATIONS ACT - 2003 (ACT 659)
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(1) Any interested person may institute proceedings in the High Court to prevent, in respect of a geographical indication,
(a) the use of any means in the designation or presentation of goods that indicates or suggests that the goods in question originate 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 goods;
(b) any use which constitutes an act of unfair competition within the meaning of the Protection Against Unfair Competition Act, 2000 (Act 589); or
(c) the use of the geographical indication identifying wines for wines not originating in the place indicated by the geographical indication in question or identifying spirits for spirits not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "style", imitation" or the like.
(2) In proceedings under subsection (1) the court may, in addition to issuing an injunction, award damages and grant any other remedy or relief as it may think fit.
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(1) Protection under this Act is available
(a) regardless of whether a geographical indication is registered; and
(b) 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.
(2) Registration of a geographical indication under Part II of this Act, raises a presumption that the indication is a geographical indication within the meaning of section 22.
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(1) In the case of homonymous geographical indications for wines or other products, protection shall be accorded to each indication, subject to section 2(1)(b) of this Act.
(2) The Registrar shall in cases of permitted concurrent use of indications under subsection (1), 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.
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The following shall not be protected as geographical indications
(a) indications which do not correspond to the definition in section 22;
(b) indications which are contrary to public order or morality; and
(c) indications which are not or cease to be protected in their country of origin, or which have fallen into disuse in that country.
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(1) Any person who knowingly
(a) uses any means in the designation or presentation of goods that indicates or suggests that the goods in question originate 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 goods;
(b) does anything which constitutes an act of unfair competition within the meaning of the Protection Against Unfair Competition Act, 2000 (Act 589); or
(c) uses a geographical indication which identifies wines for wines not originating in the place indicated by the geographical indication in question or identifies spirits for spirits not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as "kind", "style", "imitation" or the like
commits an offence and is liable on summary conviction to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding two years or to both.
(2) Where a person is convicted of an offence under this section, the goods and things of any kind by means of or in relation to the offence committed is liable at the discretion of the court, to be forfeited to the Republic.
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(1) An application for the registration of a geographical indication shall specify
(a) the name, address and nationality of the person or legal entity 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 goods to which the geographical indication applies; and
(e) the quality, reputation or other characteristic of the goods for which the geographical indication is used.
(2) The application is subject to the payment of the prescribed fee.
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(1) The Registrar shall examine the application to ascertain whether it complies with the requirements of sections 4, 6 and 7 of this Act.
(2) The Registrar shall, on being satisfied that the application fulfils the requirements of this Act, publish the application in the prescribed manner.
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(1) Any interested person or competent authority may within the prescribed period and in the prescribed manner give notice to the Registrar of an opposition to the registration of a geographical indication on the ground that one or more of the requirements of sections 4, 6 and 7 are not fulfilled.
(2) The Registrar shall send a copy of the notice to the applicant within the prescribed period and in the prescribed manner.
(3) The applicant shall within the prescribed period and in the prescribed manner, send to the Registrar a counter-statement of the grounds on which the applicant relies for the application.
(4) Where the applicant fails to send a counter-statement under subsection (3), the applicant shall be deemed to have abandoned the application.
(5) If the applicant sends a counter-statement, the Registrar shall on receipt of the counter-statement send a copy of the counter-statement to the person giving the notice of opposition within the prescribed period.
(6) The Registrar after hearing the parties, if either or both wish to be heard and considering the merits of the case, shall decide whether the geographical indication should be registered.
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Only producers carrying on the activity in the geographical area specified in the Register provided for under section 13 shall have the right to use a registered geographical indication in the course of trade, with respect to products specified in the Register, provided that the products possess the quality, reputation or other characteristic specified in the Register.
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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 recording pursuant to this Act or Regulations made under this Act.
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(1) The Registrar may on being satisfied that the circumstances justify it, upon receiving a written request, extend the time for doing any act or taking any proceeding under this Act after the Registrar has notified the parties concerned and upon such terms as the Registrar may direct.
(2) The Registrar may grant an extension of time under subsection (1) notwithstanding that the time for doing the act or taking the proceeding has expired.
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In this Act unless the context otherwise requires
"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 goods is essentially attributable to its geographical origin;
"goods" mean any natural or agricultural product or any product of handicraft or industry and includes Kente;
"Minister" means the Minister responsible for Justice;
"Paris Convention" means the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised;
"producer" means
(a) any producer of agricultural products or any other person exploiting natural products;
(b) any manufacturer of products of handicraft, or industry; and
(c) any trader dealing in the products of handicraft or Industry;
"Register" means the Register of Geographical Indications; and
"Registrar" means the Registrar-General.
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