Geographical Indication Act, no. 4 of 2000

1. Short title and c01.nmencement.

2. Interpretation. PARTII REGISTR.-\TIOci OF GEOGRAPHICAL INDICATIONS

3. Application for registration and contents ofapplication.

4. Rights to ftle application and representation.

5. Examination: opposition and registration.

6. Right of use.

7. Cancellation and rectification of registration and publication.

8. Register and publication.

9. Correction of errors and extension of time.

10. Exercise of discretionary powers.

11. Competence of Court and appeals. PART III PROTECTION OF GEOGRAPHICAL INDICATIONS

12. Civil proceedings.

13. Availability of protection regardless of registration and presumption.

14. Homonymous geographical indications for wines.

15. Exclusion from protection.

16. Offences and penalties. PARTIV SPECIAL PRov1s10Ns CoNCERNING MARKS; ExcEPTIONS

17. Misleading marks.

18. Marks conflicting with a geographical indication for wines and spirits.

19. Exceptions regarding prior users. PARTY

20. Regulations. SCHEDULE J I ASSENT [L.S.] PEARLETTE LOUISY, Governor-General. 27th March, 2000. SAINT LUCIA 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 of the House ofAssembly and the Senate of Saint Lucia, and by the authority of the same as follows: PARTI 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 Gazette. Interpretation 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 of a 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 of handicraft 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 - ( l) any producer of agricultural products or any other person exploiting natural products; (2) any manufacturer of products of handicraft, or industry ; ru1d (3) any trader dealing in the said products; "Register" means the Register of Geographical Indications. "'Registrar"' means the Registrar of Companies and Intellectual Property. PART II Rf GISTRATION OF GEOGRAPHICAL lNDIC...\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) the name, address and nationality of the natural person or legal entity filing the application, and the capacity in ,vhich the applicant is applying for registration; (2) the geographical indication for which registration is sought; (3) the geographical areas to which the geographical indication applies; (4) the goods for which the geographical indication applies; (5) the quality, reputation or other characteristic of the goods for which the geographical indication is used, (I) An application for the registration of a geographical indication shall be subject to the payment of a prescribed fee. Rights to file application and representation

4.- (1) The follO\ving shall have the right to file an application: (a) persons carrying on an activity a s a producer i n the geographical area specified in the application, with respect to the goods specified in the application, as well as a group of such persons; (b) a group of consumers; and (c) any· authority competent to represent persons under (a). (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 1.5 and the Regulations. (2) Any interested person or competent authority may, within the prescribed period and in the prescribed manner, give notice to the