The Protection of Geographical Indications Act, no. 5 of 2004

2. Intetpretation. Interpretation. PARTII. Protection of Geographical lndicafianr PART Il. Protection of Geographical Indications

3. Application to Court to prevent misleading use of geographical Application to Court to prevent misleading use of geographical indication. indication.

4. Protection of geographical indication. Protection of geographical indication.

5. Homonymous geographical indications. Homonymous geographical indications.

6. Geographical indicationsexcluded h.om protection. a Geographical indications excluded from protection.

7. Offences. Offences. PARTIII. Registration of Geogrqhical lndicatioas PART III. Registration of Geographical Indications — 8. Registrar.

8. Registrar.

9. Application far regisbation. Application for registration.

10. Regishation. Registration. II. Right to use geographical indication. . Right to use geographical indication.

12. Rectification of Register. . Rectification of Register.

13. Cancellation of registration. . Cancellation of registration.

14. Procedure under section I2 or 13. . Procedure under section 12 or 13.

15. Appeal h.om decision of Registrar. . Appeal from decision of Registrar.

16. Regulations. Regulations. PART IV. Special Provisions Reluting to Trade Murk PART IV. Special Provisions Relating to Trade Marks 17. Misleading trademark.

17. Misleading trademark. rlk aclraio* 01 (bin p.rr in arthomed by 1,s. lbV10111 [The inctusion of this page is authorized by U.N. 23/2011] 2 PROTECTlON O F GEOGRQPHICAL INDICA TIONS PROTECTION OF GEOGRAPHICAL INDICATIONS I$. Trademarks conflicting with geographical indications for wines and 18. spirits. Trademarks conflicting with geographical indications for wines and spirits. PART V. Exceptions

19. Exceptions.

19. Exceptions, [The inclusion of this page is authorized by L.N. 123/2011) PROTECTION OF GEOGRAPHICAL INDICA TIONS 3 PROTECTION OF GEOGRAPHICAL INDICATIONS THE PROTECTION OF GEOGRAPHICAL INDICATIONS Act | THE PROTECTION OF GEOGRAPHICAL INDICATIONS Act5 of 2004. ACT ACT Sof 2004. [sl"~une,2009.1 PARTI. Prelimfnary[8” June, 2009.] ParT I. Preliminary 1. This Act may be cited as the Protection of Geographical sha(citls.

1. This Act may be cited as the Protection of Geographical Short title. Indications Act. Indications Act. 2.--( 1) In this Act- . Interpreta-

2.—(1) In this Act— tion, tiQn "Court" means the Supreme Court; “Court” means the Supreme Court; "geographical indication" means an indication which “geographical identifiesindication" a good asmeans an_ indication originating which of a in the territory identifies a good as originating in the territory of a country, or a region or locality in that territory, where a country, givenorquality, a regionreputation or localityorin other that territory, where ofa the characteristic givengood quality, reputation is essentially or other tocharacteristic attributable of origin; its geographical the good is essentially attributable to its geographical origin; "good" means any natural or agricultural product or my “good” means any natural or agricultural product or any product of industry or handicraft, product of industry or handicraft; "interested party" includes any person who is- “interested party” includes any person who is— (a)a producer, manufacturer or merchant, engaged in (a) a producer, manufacturer or merchant, engaged in the production or manufacture of or trade in goods; the production or manufacture of or trade in goods; and and (6) established in- (b) established in— (i) the locality falsely indicated as the source of (i) the locality falsely indicated as the source of such goods or in the region where such such goods or in the region where such locality is situated; or locality is situated; or (ii) the country so falsely indicated or in the (ii) the country country where so falsely indicated such false or inis d indication the , country where such false indication is used; "producer" means- “producer” means— (a) a producer of agricultural products; (a) a producer of agricultural products; (6) a person who exploits natural products; (5) a person who exploits natural products; (c) a manufacturer of products of industry or handicraft, (c) a manufacturer of products of industry or handicraft; or or [The inctusion of this page is authorized by LN. 123/2011] 4 PROTECTION O F GEOGRAPHICAL PROTECTION INDICA OF GEOGRAPHICAL TlONS, INDICA TIONS a person (d) (d) whowho a person deals or trades deals in products or trades referred in products referred to intoparagraphs (a), (b) and (c); in paragraphs (a), (5) and (c); "Registrar" “Registrar” meansthe the means Registrar of Industrial Registrar of IndustrialProperty Property appointed under the Jamaica Intellectual appointed under the Jamaica Intellectual Property Property Office Act.Act. Office - . PART I I. Protection . PART of Geographical II. Protection of Geographical Indications Indications Application to Ceolication to 3.-41) courl to 3.—(1) AnyAnyinterested partypartymaymayapply interested to the apply Court to the to to Court 0 pment prevent prevent, in respect of a geographical indication- mis- mis- | prevent, in respect of a geographical indication— leading leading use of use of (a) the use of any means in the designation = , or presentation i n d Fgeographical (a) the use of any means in the designation or presentation d i d on. inditation. of _of a gooda good thatthat indicates or suggests indicates or suggeststhatthat the the goodgood . originates in a geographical area other . Originates in a geographical area other than the than the truetrue place of origin, place in ainmanner of origin, which a manner misleads which the the misleads public public as toas the geographical origin of the good; to the geographical origin of the good; or or (b) (b) any any use use which whichconstitutes an act constitutes an ofact unfair competition of unfair competition within the meaning of the Fair Competition within the meaning of the Fair Competition Act; Act; or or (c) (c) any any use use which whichidentifies wines identifies or spirits, wines as the or spirits, casecase as the maymay be, be, thatthat do not originate in the place indicated do not originate in the place indicated by by the the geographical indication, as wines or spirits of geographical indication, as wines or spirits of thatthat origin, eveneven origin, w hwhere— ee (i) the truetrue (i) the origin' of ofthose origin wines those or spirits wines is is or spirits indicated; or indicated; or. (ii) (ii) geographicall the the geographical.indication is used indication in trans- is used in trans- lation or accompanied by such expressions lation or accompanied by such expressions as as "kind", "type", "style", "imitation", “kind”, “type”, “style”, “imitation”, “com- "com- parable to" or parable to” other similar or other expressions. similar expressions. . (2) (2) TheThe Court may, Court in proceedings may, under in proceedings this this under section, section, grant an injunction, grant award an injunction, damages award or grant damages suchsuch or grant other remedy other remedy as itasconsiders appropriate. it considers appropriate. Protection of 4.-41) -4—(1)Protection Protectionof ofa geographical a geographicalindication indicationShallshallbe be indication, available under available thisthis under Act-Act— subject (a) (a) to subsection subject (2), (2), to subsection whether or not whether the geographical or not the geographical indication is registered; indication is registered; , against (b) (b) a geographical against indication a geographical which, indication although which, litedly although literally [The inclusion ef this page is authorized by 1.N, 123/201] PROTECTION OF GEOGRAPHICAL INDICA TIONS 5 PROTECTION OF GEOGRAPHICAL INDICATIONS true as to the territory, region or locality in which the true as to the territory, region or locality in which the good originates, falsely represents to the public that the good originates, falsely represents to the public that the good originates in another territory. good originates in another territory. (2) A geographical indication that is registered under (2) A geographical indication that is registered under section lO(8) (a) shall, in any proceedings under section 3, be section presumed, (a) 10(8) by shall, virtue inofanyits proceedings registration, under to be section 3, be a geographical presumed, by virtue of its registration, to be a geographical a indication as defined in section 2, unless the contrary is proved. indication as defined in section 2, unless the contrary is proved. 5 . 4 1 ) Subject to section 4(1Xb), protection shall be accor- H ~ Y -

5.—({1) Subject to section 4(1)(d), protection shall be accor- Homony- rnws -geo- ded to homonymous geographical indications which relate to mous mgeo-,i, ded to homonymous geographical indications which relate to graphical wines. indications. wines. indications. (2) Where concurrent use of homonymous geographical (2) Where concurrent use of homonymous geographical indications is permitted, the Registrar shall determine the indications is permitted, the Registrar shall determine the practical conditions under which those geographical indications practical conditions under which those geographical indications shall be differentiated from each other, taking into account the shall be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned need to ensure equitable treatment of the producers concerned and that consumers are not misled. and that consumers are not misled. 6. No protection shall be available under this Act in respect G-

6. No protection shall be available under this Act in respect Geo- of- && indimions of— indications excluded (a) indications which- excluded (a) indications which— h~ from pro- lection. (i) do not fall within the definition of "geo-tection, (i) do not fall within the definition of “geo- graphical indication" in section 2; or graphical indication” in section 2; or (ii) are contrary to public order or public morality; (ii) are contrary to public order or public morality; or or (b) geographical indications which, in their country of (b) geographical origin, are indications not or have which, in their country of ceased fo be protected or have origin, are not or have ceased to be protected or have fallen into disuse. fallen into disuse. -a 7 . 4 1 ) Any person who knowingly or wilfully uses a OEM. 7—{1) Any person who knowingly or wilfully uses a geographical indication in a manner specified in section 3 (1) (a) geographical indication in a manner specified in section 3 (1) (a) or (c), commits an offence and, subject to subsection (2), is or (c), commits an offence and, subject to subsection (2), is liable liable— . (a) on summary conviction in a Resident Magistrate's Court (a) on to summary a fineconviction in a Resident n o t ' exceeding Magistrate's one million Court dollars or to to a fine not exceeding one million dollars or to imprisonment for a term not exceeding twelve months or imprisonment for a term not exceeding twelve months or (The inctuston of this page is authorized by L.N. 123/2011] 6 PROTECTION OF GEOGRAPHICAL INDICATIONS 6 PROTECTION OF GEOGRAPHICAL INDICATIONS to both such fine and imprisonment; to both such fine and imprisonment; (6) (6) on conviction before a Circuit Court to a fine or to on conviction before a Circuit Court to a fine or to imprisonment for a tenn not exceeding five years or to imprisonment for a term not exceeding five years or to both such fine and imprisoment. both such fine and imprisonment. : (2) (2) where the Court is satisfied that any benefits were Where the Court is satisfied that any benefits were I derived by or accruing to the person convicted from the derived by or accruing to the person convicted from the commission of the offence, the Court may order the person 1 commission of the offence, the Court may order the person I convicted to pay to the Crown such pecuniary penalty as the convicted to pay to the Crown such pecuniary penalty as the Court determines to be equivalent to the total value of such Court determines to be equivalent to the total value of such benefits. benefits. PARTParT 111. Registration of Geographical Indications III. Registration of Geographical Indications m. 8.-41) The Registrar shall keep a register to be known as the Regist. =. §—(1) The Registrar shall keep a register to be known as the Register of Geographical Indications-- Register of Geographical Indications— (a) (a) in which shall be entered such matters as may be in which shall be entered such matters as may be prescribed; and prescribed; and . (6) which shall be open for inspection to the public during (5) which shall be open for inspection to the public during business horn and from which extracts may be business hours. and from which extracts may be obtained on payment of the prescribed fee. obtained on payment of the prescribed fee. (2) The Registrar may correct any error of translation or (2) The Registrar may correct any error of translation or transcription or any error contained in any application for the transcription or any error contained in any application for the registration of a geographical indication, any document filed withregistration him or in the of a geographical indication, any document filed Register. with him or in the Register. (3) (3) TheThe Registrar- Registrar— (a) (a) may, on receiving an application in writing and, if the may, on receiving an application in writing and, if the circumstances of. the case so merit, extend the time circumstances of. the case so merit, extend the time upon such terms as he may specifL for doing any act or upon such terms as he may specify for doing any act or bringing any proceedings under this Act; and bringing any proceedings under this Act; and (6) (6) shallshall givegivenotice of such extension to all the persons notice of such extension to all the persons concerned with the doing of the act or the bringing of concerned with the doing of the act or the bringing of proceedings, even though the time for doing the act or proceedings, even though the time for doing the act or bringing the proceedings has expired. bringing the proceedings has expired. (4) The Registrar shall publish in the prescribed manner (4) The Registrar shall publish in the prescribed manner [The inctusion of this page is authorized by L.N. 123/2011] PROTECTION OF GEUGRAPHICAL INDICATIONS 7 PROTECTION OF GEOGRAPHICAL INDICATIONS a list of the geographical indications registered under this Act. a list of the geographical indications registered under this Act.

9.-(1) The persons specified in subsection (2)may apply to APPI-

9.—({1) the The persons Registrar, in thespecified in subsection prescribed (2) may manner, for apply toofApplication registration a E- the Registrar, geographicalin the prescribed manner, for registration of a tion. indication. geographical indication. (2) The persons r e f d to in subsection (I) are- (2) The persons referred to in subsection (1) are— (a)any producer or group of producers carrying on an (a) any activity producerinor the group of producers geographical areacarrying on in specified an the activity in the with application geographical area respect to the specified goods so in the specified; application with respect to the goods so specified; (6)my competent authority. (5) any competent authority. (3) An application shall contain the following (3) An application shall contain the following information- information— (a)the name, address md niionality of the applicant; (a) the name, address and nationality of the applicant; (6)the capacity in which the applicant is applying for (b) the capacity registration; in which the applicant is applying for registration; (c) the geographical indication for which registration is (c) the sought; geographical indication for which registration is sought; (4 the geographical area to which the geographical (d) the indication geographical area to which the geographical applies; indication applies; (e) the good to which the geographical indication applies; (e) the good to which the geographical indication applies; V) the quality, reputation or other characteristic of the (f) the good quality,in relation reputationto or which other characteristic of the geographical the is indication good in relation to which the geographical indication 1is used. used. (4) Every application shall be accompanied by the (4) prescribed Every application application fee. shall be accompanied by the prescribed application fee. (5) In subsection (2)(6)"competent authority" means my (5) In associationsubsection (2) (5) of persons “competent recognized in theauthority” prescribedmeans manner. any association of persons recognized in the prescribed manner.

10.-(1) Upon receipt of an application under section 9(1), ~egisve

10.—({1) the Upon shall Registrar receipt of an the examine application applicationunder to section determine9(1), Registra- whether lion. tion. the the Registrar shall examine conditions the subsection specified in application(2)to are determine satisfied.whether the conditions specified in subsection (2) are satisfied. (2)The conditions referred to in subsection (I)are that- (2) The conditions referred to in subsection (1) are that— (a)the applicant is a person referred to in section 9(2); (a) the applicant is a person referred to in section 9(2); I l k iKhrior of thii p l b ~aa(Lor&d by t..S. I a O I I J [The inctusion of this page is authorized by &..N. (23/2011) 8 ; PROTECTION OF GEOGRAPHICAL PROTECTION INDICA OF GEOGRAPHICAL TIONS INDICATIONS i (b) (b) the thegeographical geographicalindication indicationis not excluded is not excludedfrofrom. m protection by virtue of section 6; and protection by virtue of section 6; and the application- (c) (c) the application— (i) contains the the (i) contains information required information requiredby by section section 9(3);9(3); and and (ii) (ii) complies withwith complies anyanyregulation made regulation hereunder made in in hereunder relation thereto. relation thereto. (3) (3) WhereWherethe theRegism Registrar ascertainsthatthat ascertains the the conditions conditions specified in subsection (2) are satisfied he shall . specified in subsection (2) are satisfied he shall cause cause the the application to beto published application in the be published in prescribed manner. the prescribed manner. (4) (4) WhereWherean anapplication applicationis published is publishedpursuant pursuantto to subsection ( 9 , a person having an interest in the geographical subsection (3), a person having an interest in the geographical indication (hminaffer indication referred (hereinafter to asto the referred objector) as the may,may, objector) within within the prescribed time and in the prescribed manner, give the prescribed time and in the prescribed manner, give notice notice to to the theRegistrar of his opposition to the registration Registrar of his opposition to the registration of the of the geographicxi geographica!indication on on indication any any of the grounds of the groundsspecified in in specified subsection (5). subsection (5). (5) (5) TheThegrounds referred grounds to intosubsection referred in subsection(4) are (4) athat- re that— f (a) (a) the geographical indication the geographical is excluded indication protection fromfrom is excluded protection by virtue of the by virtue of provisions of section the provisions 6; 6; of section (b) (b) the the applicant is not applicant entitled is not to apply entitled for registration to apply of of for registration the geographical indication; or the geographical indication; or (c) (c) the information the information required under required section under has has 9(3)9(3) section not been not been finished or is incorrect, furnished or is incorrect, and and the objector shallshall the objector state, in relation state, to- to— in relation (i) paragraph ' (a), (a), (i) paragraph the ground of exclusion; the ground of exclusion; (ii) (ii) paragraph paragraph(b), (6),the the reasonreasonthe the applicant is not applicant is not entitled to apply for registration; entitled to apply for registration; . (iii)(iii) paragraph (c), (c), paragraph details of the details of information the informationthatthat has has not been fiunished or is incorrect. not been furnished or is incorrect. TheThe (6) (6) registrar shall, registrar shall, on on receipt of aof notice receipt under a notice under subsection (4), send a copy thereof to the applicant subsection (4), send a copy thereof to the applicant who shall who shall [The inctesion of this page is autherized by L.N. £23/2011] PROTECTION OF GEOGRAPHICAL INDICA TIONS PROTECTION OF GEOGRAPHICAL INDICATIONS send to the Registrar within the prescribed time and in the send to the Registrar prescribed manner, awithin the prescribed counter-statement timegrounds of the and inonthe which prescribed manner, he relies for his aapplication. counter-statement of the grounds on which he relies for his application. (7) Where the applicant sends a counter-statement, the (7) Where Registrar shall- the applicant sends a counter-statement, the Registrar shall— (a) h i s h a copy thereof to the objector; (a) (b)furnish a copy thereof if requested, give tothethe applicant objector; and the objector the (5) if requested, opportunity give to betheheard applicant and the objector in the prescribed time; and the opportunity to be heard in the prescribed time; and (c) decide whether or not to register the geographical (c) decide whether or not to register the geographical indication. indication. (8) The Registrar shall- (8) The Registrar shall— (a) register a geographical indication if he is satisfied that (a) register a geographical the applicant indication has coniplied withif subsection he is satisfied that- (2) and the applicant has complied with subsection (2) and — (i) the registration has not been opposed within the . (i) the registration prescribed has time;not or been opposed within the prescribed time; or (ii) where it has been so opposed, the opposition has (ii) wherebeen it has been soin the resolved opposed, the opposition applicant's favour; has been resolved in the applicant's favour; (b) refuse to register the geographical indication if he is (b) refuse nottosoregister satisfied.the geographical indication if he is not so satisfied. (9) The Registrar shall publish in the Gazette and a daily(9) The newspaper Registrar shall in circulating publishthe inisland, the a Gazette noticeand ofa the dailyregistration newspaperof the circulating geographicalin theindication island, aandnotice shall ofissuetheto the registration applicantofa the geographical certificate indicationin and of registration the shall issue to prescribed form.the applicant a certificate of registration in the prescribed form. (10) If an applicant does not send in a counter- statementIf within (10) an applicant does nottime the prescribed send in inaccordance a counter- with statement subsection within the applicant (6), the prescribedshalltimebe indeemed toaccordance have with abandoned subsection (6), the applicant shall be deemed to have abandoned a the application. the application.

11. Any producer carrying on an activity in a geographical Righttouse 11.area Anyspecified producerin carrying the Register on anhas activity in a in the right, geographical the course ofRight geographical to use area trade, specified to usein atheregistered Register has the right, in geographical the in indication course of to relation geographical indication. trade,theto use goodsa so registered geographical specified if indication those goods in relation possess the toquality, the reputation goods so orspecified if those goods other characteristics possess specified in thetheRegister. quality, reputation or other characteristics specified in the Register.

12.-(1) Any person who has an interest in a geographical Rectification 12._{1) Any person who has an interest in a geographical of Register. Rectification of Register. lTbc Inclodom of cbb pgc b autborhcd by LN. l UnOl ll {The inclusion of this page is authorized by L.N. 123/2011] 10 PROTECTION OF GEOGRAPHICAL INDICA TIONS 10 PROTECTION OF GEOGRAPHICAL INDICATIONS indication may apply to the Registrar for rectification of the indication Register mayof the on any apply to thespecified grounds Registrarin for rectification subsection (2). of the Register on any of the grounds specified in subsection (2). (2) The grounds referred to in subsection (1) are that- (2) The grounds referred to in subsection (1) are that— (a) the geographical area specified in the Register does not (a) the correspondgeographical to the area specified in geographical the Register does not indication; correspond to the geographical indication; (b) the indication of the good for which the geographical (b)indication the indication is used ofis missing the goodorfor which the geographical unsatisfactory; indication is used is missing or unsatisfactory; (c) the indication of the quality, reputation or other (c) the indication characteristic of theofgood the is quality, missing oreputation unsatisfactory.or other . characteristic of the good is missing or unsatisfactory. (3) The Registrar shall rectify the Register in relation to an application (3) The under Registrar subsectionshall (1)rectify if hetheis Register satisfied inthat relation such to an application rectification is necessary. under subsection (1) if he is satisfied that such rectification is necessary. cancellation 13.--(1) A person who has an interest in a geographical Cancellation indication or registration. 13.—{1) mayA request person the who has Registrar an tointerest cancel inthe a registration geographical orregistration.thereof indication on the ground hat it does not qualify or noregistration may request the Registrar to cancel the longer thereofforon the qualifies protectiongroundby that virtue itof the does not provisionsqualifyof or sectionno 6.longer qualifies for protection by virtue of the provisions of section 6. (2) Where the Registrar cancels the registration of a geographical (2) Where indicationtheunder Registrar cancelshe the this section, registrationfrom shall remove of a ‘geographical the Register indication the entry relatingunder this section, he shall remove from thereto. the Register the entry relating thereto. procedure 14.+1) Where an application is made under section 12 or Procedure under section 12,or 13. section 13- 13—

14.—(1) Where an application is made under section 12 or under 1 12 or 13. (a) a copy thereof shall be served on the person who (a)applied a copyfor registration thereof shallof be served on theindication the geographical person to who whichapplied the for registration application of the geographical indication to relates; which the application relates; (b) notice thereof shall be given in the prescribed manner (b)andnotice withinthereof shall be given the prescribed time into the all prescribed persons, who, manner and within pursuant to the prescribed section 11, have time the toright all topersons, use that who, pursuant to geographical indication. section 11, have the right to use that geographical indication. (2) A person referred to in subsection (l)(b) and any other interested (2) A partypersonmayreferred apply totothein Registrar subsectionto be (1)(b) joinedand inany the matter and such application shall be made within such period in other interested party may apply to the Registrar to be joined as the the matter Registrar andshall suchspecify. application shall be made within such period as the Registrar shall specify. (The inclusion of this page is authorized by L.N. 123/201] PROTECTION OF GEOGRAPHICAL INDICATIONS II PROTECTION OF GEOGRAPHICAL INDICATIONS 15.-41) Any person who is aggrieved by a decision of the A P V ~ Ifrom

15.—({!) Anymay, Registrar person whotwois months within aggrieved by adecision, of that decision appeal of the toAppeal a from @i:Ef decision of Registrar Judgemay, within two months of that decision, appeal to a in Chambers. Registrar. Judge in Chambers. (2) The Judge in. Chambers may in relation to such (2) The Judge in Chambers appeal- may in relation to such - appeal—. (a) confirm the Registrar's decision; or (a) confirm the Registrar's decision; or (b) revoke that decision, and in such a case may- (5) revoke that decision, and in such a case may— (i) award damages to the appellant; and (i) award damages to the appellant; and (ii) make an order directing the Registrar to take (ii) make an order directing the Registrar to take such action as the Judge deems necessary. such action as the Judge deems necessary.

16. The Minister may make regulations, subject to affirms- Regulations.

16. The Minister may make regulations, subject to affirma- Regulations. tive &solution, generally for the better carrying out of the tive objects resolution, generally offorthis and purposes the Act better and carrying out of which for any matter the is objects and purposes of this Act and for any matter which is required by this Act to be prescribed. required by this Act to be prescribed. PARTIV. Special Provisions Relating to Trade Marks PART IV. Special Provisions Relating to Trade Marks 17.-41) This section applies to a trademark that contains or Misleading

17.—(1) This section applies to a trademark that contains or Misleading uademafk. consists of a geographical indication relating to a good which trademark. -consists doesofnota originate geographical in theindication relating tobya the temtory indicated goodgeographical which does not originate in the territory indicated by the geographical indication, if the use of the indication in the trademark for such indication, if the use of the indication in the trademark for such product in Jamaica is of such a nature ad to mislead the public as product in Jamaica is of such a nature as to mislead the public as to the true place of origin. to the true place of origin. (2) The Registrar shall- (2) The Registrar shall— (a) on his own initiative; or (a) on his own initiative; or (b) at the request of any interested party, (b) at the request of any interested party, refuse to register that trademark, or, as the case may require, refuse to register that trademark, or, as the case may require, revoke the registration thereof. revoke the registration thereof. (3) Where the Registrar- (3) Where the Registrar— (a) refuses to register a trademark, he shall notifj the (a) refuses to register a trademark, he shall notify the proprietor of the trademark of such refusal within the proprietor of the trademark of such refusal within the prescribed time; or prescribed time; or - I l ' h idnsioe of cbi prgc is authorbed by LN. 12MOlll [The inctusion of this page is authorized by LN. 123/2011| PROTECTION OF GEOGRAPHICAL INDICATIONS 12| PROTECTION OF GEOGRAPHICAL INDICATIONS (b) revokes a trademark, he shall cause to be published in (b)therevokes Gazettea and a trademark, dailyhe shall cause to newspaper be published circulating in the in the Gazette and a daily newspaper island, a notice of such revocation. circulating in the island, a notice of such revocation. (4) The protection under this section shall be applicable against a (4) The protection trademark which, under althoughthisthesection relevantshall be applicable geographical against a trademark which, although the relevant indication is literally true as to the territory, region or locality in geographical indication which the good is literally true as originates, to therepresents falsely territory, to region the or locality public that in which the good originates, the good originates in another territory. falsely represents to the public that the good originates in another territory. r- Ttafmarsts IS.+) This section applies to a trademark that contains or conflicting Trademarks geogra- wi$conflicting 18.1) consists of a This section applies geographical indication to awhich trademark that wines identifies containsor or phiid withindica- consists geogra- spirits, as the of a geographical case maybe, as indication originating which from a identifies territory, region or wines tiorisphical for indica- wines andfor tions or locality indicated by the geographical indications which is region spirits, as the case maybe, as originating from a territory, not wines and theortrue spitits. locality place of indicated origin byof the geographical such wines indications which is not or spirits. spirits. the true place of origin of such wines or spirits. (2) The Registrar shall- (2) The Registrar shall— (a) on his own initiative; or (a) on his own initiative; or | (b) at the request of an interested party, (b) at the request of an interested party, refuse to register that trademark or, as the case may require, refuseits toregistration. revoke register that trademark or, as the case may require, revoke its registration. PART V. Exceptions Exceptions. PART V. Exceptions

19.-(1) Nothing in this Act shall prevent the continued and Exceptions. similar19.1) use in Nothing Jamaica inof athis Act shall prevent particular geographical the indication continued ofand similarTrade a World use in Jamaica Organizationof aMember particular geographical identifying wines orindication spirits of in a World connection Trade Organization with goods Memberproduced or services identifying by any wines or or citizen spirits in connection resident of Jamaica withwho goods has orusedservices that produced geographicalby any citizenin or indication resident of manner a continuous Jamaica with who regard has used thatsame to the geographical or relatedindication goods or in or aservices continuous manner with regard to the same or related goods or in Jamaica- or services in Jamaica— (a) for at least ten years preceding April 15, 1994; or (a) for at least ten years preceding April 15, 1994; or (b) in good faith at any time preceding that date. (b) in good faith at any time preceding that date. (2) Subsection (3) shall apply in any case where an application (2)hasSubsection been made(3)forshall apply inof any registration case where a trademark or a an application trademark hashasbeen been made registeredfor in good registration faithof a trademarkto ora a or rights trademarkhavehasbeen trademark been registered acquired through in use goodin good faith or faith-rights to a trademark have been acquired through use in good faith— (a) before the coming into operation of this Act; or (a) before the coming into operation of this Act; or [The inclusion of this page is authorized by L.S. 123ILOIII [The inclusion of this page is authorized by L.N. 123/201! PROTECTION OF GEOGRAPHICAL INDICA TIONS 13 PROTECTION OF GEOGRAPHICAL INDICATIONS 13 (b) before the geographical indication in respect to the (b) before the geographical trademark is protected indication in of in its country respect origin.to the trademark is protected in its country of origin. ( 3 ) For the purposes of subsection (2), the provisions of this (3) Act For shallthenotpurposes prejudiceof the subsection (2), the registrability provisions of oi- of of the validity this the Act registration shall not prejudice the registrability of the trademark, of or totheuse or the right validity of a trademark the on registration of the trademark, or the right to use a trademark the basis that it is identical with or similar to a geographical on the basis that it is identical with or similar to a geographical indication. indication. (4) The provisions of this Act shall not apply in respect of a(4)geographical The provisions of this Act indication of ashall Worldnot Trade apply inOrganization respect _ of aMember geographical indication other than Jamaica,ofasa World respects- Trade Organization Member other than Jamaica, as respects— (a) goods or services for which the relevant indication is (a) goods or services identical with forthewhich termthecustomarily relevant indication used asis the _ identical commonwithname the forterm customarily such goods used inas_ the and services Jamaica; common or name for such goods and services in Jamaica; or (b) goods of the vine for which the relevant indication is (b) goods of the vine identical with for the which the name customary relevantof a indication grape isvariety identical with the customary name of a grape existing in Jamaica as of January I , 1995. variety existing in Jamaica as of January 1, 1995. ( 5 ) Proceedings under section 3 with respect to the use (5) Proceedings or registration of aunder sectioncontaining trademark 3 with respect to the useof a or consisting or registration geographicalof indication a trademark containing shall, or consisting if the conditions of a in specified geographical subsection (6) are satisfied, be instituted within five yearsinafter indication shall, if the conditions specified subsection (6) areuse of the adverse satisfied, the beprotected instituted within five years geographical after has indication the become adverse generally use of the known protectedin geographical indication Jamaica or after the date has of become generally registration of theknown trademarkin inJamaica Jamaica.or after the date of registration of the trademark in Jamaica. (6) The conditions referred to in subsection ( 5 ) are | (6) The that- conditions referred to in subsection (5) are that— (a) the trademark is published by the date of registration (a) the referred trademarkto isin published by the date that subsection, of registration if such date is earlier referred than the date on which the adverse isuseearlier to in that subsection, if such date became than generally the dateknownon which the and in Jamaica; adverse use became generally known in Jamaica; and (b) the geographical indication is not used or registered in (b) the bad geographical faith. indication is not used or registered in bad faith. (7) The provisions of this Act shall not prejudice the right of (7) anyThe provisions person to use,ofinthis the Act shallof not course prejudice trade, the right that person's name of any person to use, in the course of trade, that person’s name - (The inclusion of this page is authorized 5. L.9. 123RUlll [The inctusion of this page is authorized by L.N. 123/201] PROTECTION OF GEOGRAPHICAL INDICATIONS 14 PROTECTION OF GEOGRAPHICAL INDICATIONS or the name of that person's predecessor in business, except or the name of that person’s predecessor in business, except where that name is used in such a manner as to mislead the where that name is used in such a manner as to mislead the public. public. llhe inclusion of (bb pap b rntborited by LS. IU/ZOlll [The inctuston of this page is authorized by L.N. 123/2011|