GEOGRAPHICAL INDICATIONS ACT, 2003

(1) An interested person may institute proceedings in the High Court to prevent, in respect of a geographical indication, (a) the use of the means in the designation or presentation of goods which 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) the 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.

(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 sections 6 to 17 raises a presumption that the indication is a geographical indication within the meaning of section 22.