Geographical Indications Regulations, 2016 (S.I. No. 70 of 2016)

Statutory Instrument 70 of2016. [CAP. 26:06 Geographical Indications Regulations, 2016 ARRANGEMEN"T OF SECTIONS PART I PRELIMINARY Section 1. Title. 2. Interpretation. 3. Language of documents and translations. 4. Signatures. 5. Representation. PART II REGISTRATION OF GEOGRAPHICAL INDICATIONS 6. Application for registration. 7. Amendment and correction of the application. 8. Examination. 9. Publication. 10. Opposition. 11. Registration. PART III CORRECTION OF ERRORS: CANCELLATION OF REGISTRATION 12. Corrections of errors in the register. 13. Cancellation of registration. 479 DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw; website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Geographical Indications Regulations, 2016 PART TV GENERAL Al'.'D FINAL PROVISIO:\'S Section 14. Register and inspection of register. 15. Time limits. 16. Administrative instructions. Frl'ST ScHFDUIE Fees. SEco;-.;D ScHEDUlE: Fonns. IT is hereby notified that the Minister of Justice, Legal and Parliamentary Affairs has, in terms of section 44 of the Geographical Indications Act [Chapter 26:06], made the following Regulations: PART I PREUYIIl"ARY Title l. These regulations may be cited as Geographical Indications Regulations, 2016. interpretation 2. In these regulations "Act" means the Geographical Indications Act [Chapter 26:06]; "agent'' means the person entitled to practise in terms of section 40 of the Act; "product specification" means the totality of particulars prescribed by section6(2)(b) to (l) of these regulations; "fee" means the fee specified in the First Schedule; "fom1" means the form set out in the Second Schedule; "J oumal" means the Patent and Trade Marks Journal published in terms ofsection95 of the Patents Act [Chapter 26:03]; 480 S.l. 70 of 2016 "Minister" means the Minister of Justice, Legal and Parliamentary Affairs or any other 1v1inister to whom the President may, from time to time, assign the administration of this Act; Language of documents and translations 3. (1) Applications shall be filed in the English Language. (2)Any document forming part of an application or submitted to the RegistJ:ar and pursuant to the Act or these regulations and which is in a language other than English shall be accompanied by an English translation verified by the translator as being to the best of his or her knowledge complete and faithful. Signatures 4. (1) A document purporting to be signed for or on behalf of an organisation shall contain the names of all the members in full, and shall be signed (a) by any member qualified to sign stating that he or she signs on behalf of the organisation; or (b) by any other person who satisfies the registrar that he or she is authorised to sign the document. Representation 5. The appointment of an agent shall be made by an authorisation of agent, in Form 016 or in such other written form as the Registrar may deem sufficient, which shall be signed by the applicant or, if there are more than one, by each applicant. PART II REGISTRATION OF GEOGRAPHICAL INDICATIONS Application.for registration 6. (1) An application for the registration of a geographical indication shall be made in Form GI 1 and shall be signed by the applicant or his or her agent. An application for registration of a geographical indication shall be filed in respect of one product. 481 Geographical Indications Regulations, 2016 (2) An application for the registration of a geographical indication shall contain (a) the name, address and nationality ofthe applicant and the State in which he or she is domiciled or has his or her seat or an establishment. Names of natural persons shall be indicated by the person's family name and given name(s). Names of legal entities, as well as organisations falling under section 16( c) of the Act, shall be indicated by their officialdesignationandincludethelegalformoftheentity; (b) the geographical indication for which registration is sought, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area; (c) the geographical area to which the geographical indication applies in a detailed, precise way that presents no ambiguities and delimited with regard to the link referred to in paragraph (e); (d) the product identified by the geographical indication and its description, including the raw materials, if appropriate, as well as the principal physical, chemical, microbiological or organoleptic characteristics of the product; (e) the quality, reputation or other characteristic of the product which is attributable to its geographical origin and details establishing the link between the product's quality, reputation or other characteristic and the product's geographical origin; (f) evidence that the product originates in the defined geographical area referred to in paragraph (c); (g) where the geographical indication is a geographical indication from a foreign country, evidence that the geographical indication is protectedinthe country of 01igin; (h) the name and address of the authorities of, if available, the name and address of bodies verifying compliance of the product with the corresponding product specification; 482 S.I. 70 of 2016 (i) the authorisation ofthe agent, if appointed under section 5 of these regulations; (j) receipt of payment of the prescribed fee. (3) Upon receipt, the Registrar shall mark on each document making up the application, the actual clateofreceiptand the application number. At the request of the applicant, the Registrar shall issue a receipt, hearing at least the application number, the geographical indication, the nature of the documents and their number and the date of receipt. Amendment and correction of the application 7. (1) An application for amendment or correction of the application under section 17(5) of the Act shall contain (a) the number of the application and its date; (b) the name and the address of the applicant in accordance with section 6(2)(a) of these regulations; (c) the indication of the element of the application to be amended or cotTected, and that element in its amended or corrected version. (2) If the requirements govemingtheamendrnent or correction of the application are not fulfilled, the Registrar shall communicate the deficiency to the applicant. Ifthe deficiency is not remedied vvithi n two months from the date of receipt of the notification, the 1-(e gistrar shall reject the application for amendment or correction. (3) If an application has been already published in accordance with section 9 of these regulations, the information regarding its correction or amcndment(s) provided under subsection (1) of this section shall also be subject to publication in the Journal. (4) The request for correction or amendment shall be filed in Fmm GI 4 and shall be accompanied by proof of payment of prescribed fees. Examination 8. (1) If the application does not contain all the elements required under section 6 of these regulations, the Registrar shall notify the 483 Geographical Indications Regulations, 2016 applicant of the irregularities and grant a time limit of two months from the date of receipt of the notification, for remedying them. If the irregularities are not remedied within the prescribed time limit, the application shall be deemed not to have been lodged, which is notified to the applicant. (2) If the application complies with section 6 of these regulations, the Registrar shall examine whether the application fulfils the requirements of section 17( 4) of the Act. If the requirements of section 17(4) of the Act are not fulfilled, the Registrar shall reject the application and notify the applicant. (3) Where the Registrar finds that the requirements referred to in section 6 of these regulations and section 17(4) of the Act are fulfilled, it shall notify the applicant on acceptance of its application for publication. Publication 9. (1) Following the notification referred to in section 8(4) of these regulations the Registrar shall cause the application to be published in the Journal. (2) Publication shall include the following (a) the application number and its date; (b) the name, address and nationality of the applicant and the State in which he or she is domiciled or has his or her seat or an establishment; (c) the geographicalindicationforwhich registration is sought; (d) the geographical area to which the geographical indication and its description; (e) the product identified by the geographical indication applies; (f) the quality, reputation or other characteristic of the product which is attributable to its geographical origin and details establishing the link between the product's quality, reputation or other characteristic and the product's geographical origin; 484 S.I. 70 of 2016 (g) the name and address of the authorities or, if available, the names and address ofbodies verifying compliance of the product with the corresponding product specification. Opposition 10. ( 1) Any interested person or competent authority may, within two months from the date of the publication made under section 9, lodge an opposition to the registration of the geographical indication under section 18(2) of the Act. (2) The notice of opposition shall be lodged in writing and shall specify (a) the name and address of the opponent; (b) the application number of the geographical indication which is opposed; (c) the product identified by the geographical indication; (d) the grounds on which the opposition is based and [evidence in its support]. (3) The opposition fee prescribed in the Schedule of fees shall be paid, except where the opposition is filed by a public institution. (4) Iftheoppositionisfoundadmissiblepursuanttosubsections (1) to (3) of this section, the Registrar shall notify the applicant on the opposition and invite him or her to send a counter-statement to the opposition, including any evidence in support of the application, with (two months) from the date of receipt of the notification. If the opposition does not conform to subsections (1) to (3) of this section, the opposition shall be deemed not to have been lodged. (5) If the application does not send a counter-statement within the prescribed time limit, he or she shall be deemed to have abandoned the application, which is notified to the applicant. (6) If the applicant sends a counter-statement, the Registrar shall furnish a copy thereof to the person who lodged the opposition. The Registrar shall invite the opponent and the applicants to state, within (one month) from the receipt of the communication, whether they wish to be heard, and if so, fix a date for the hearing. After heaJ.ing the parties, if either or both wish to be heard, and considering the merits of the case, theRe gistrar shall decide whether the geographical 485 Geographical Indications Regulations, 2016 indication should be registered. To that end, the Registrar may, if it considers necessary, request the assistance of one or more public institution, university or independent institution which has an expe1tise in the related subject matter. The Registrar shall infonn the applicant and the opponent of its decision. Registration 11. (1) Where no opposition has been lodged or where any opposition lodged has heen1inally rejected or withdrawn, the Registrar shall register the geographical indication in the Register and publish a reference to the registration in the Joumal. (2) The following particulars are entered in the Register ( a) the application number and its date; (b) the effective date of registration and registration number; (c) the name, address and nationality of the holder of the right to use the geographical indication; (d) the protected geographical indication; (e) the geographical area to which the geographical indication applies; (t) the product identiJied by the geographical indication and its description; (g) the quality, reputation or other characteristic of the product which is attributable to its geographical origin and details establishing the link between the product's quality, reputation or other characteristic and the product's geographical origin; (h) the name and address of the authotities or, if available, the name and address of bodies verifying compliance of the product with the conesponding product specification; (i) where the geographical indication is a geographical indication from a foreign country, a reference to the law, registration number or other basis for protection in the country of migin; (j) any conditions imposed under section 19(2) or (3) of the Act. 486 S.l. 70 of 2016 PART III CoRRECTION oF ERRORS: CANCELLATION oF REGISTRATION Correction of errors in the register 12. (1) The Registrar may, on his or her own initiative or upon a request made by any interested person, correct any enoroftranslation or transcription and any clerical error in any recording effected in the Register pursuant to the Act or these regulations. (2) The request for correction shall be tiled in Form GI 4, and shall be accompanied by proof of payment of prescribed fees. (3) The Registrar shall notify the person on whose application the geographical indication concerned was registered of the request for correction and invite him or her to send observations, within two months from the date of receipt of the notification, except where the request for correction has been filed by that person. If the Registrar receives those observations, he or she shall take them into account, and considering the merits of the case, shall decide whether the conection should be made. The Registrar shall notify all interested parties on its decision. (4) Any correction in the Register shall be published in the Joumal. The publication shall contain at least the following particulars (a) the protected geographical indication; (b) the effccti vc date of registration andre gistration num her; (c) the indication of the element to be corrected and that element in its corrected form. Cancellation of registration 13. ( 1) Upon a request being made in Form GI 5 accompanied by proof of payment of prescribed fees and signed by all the persons on whose application a geographical indication was registered, the Registrar may cancel the registration of the geographical indication. (2) The request for cancellation shall specify 487 Geographical Indications Regulations, 2016 (a) the registration number of the geographical indication proposed for cancellation; (b) the geographical indication proposed for cancellation; (c) the name and address of the person(s) requesting cancellation; (d) the reasons for \Vhich cancellation is requested. (3) Cancellation of a registration of a geographical indication at the request of any interested person other than the persons specified in subsection (1) shall follow the procedure established by section 23(2) to (5) of the Act. (4) Any cancellation of the registration of a geographical indication shall be published in the Journal. PART IV GENERAL Register and inspection of register 14. (1) The Register may be consulted by any person, and any person may obtain extracts therefrom. (2) Requests for certified copies of extracts from the Register shall be made to the Registrar in writing, and shall be subject to payment of the prescribed fee. Time limits 15. (1) Unless otherwise provided in theActorthese Regulations, if the Registrar is satisfied that the circumstance justify it, he or she may, upon receiving a written request and subject to the payment of the prescribed fees, extend the time limit for doing any act or taking any proceeding under the Act or these Regulations, upon notice to other parties concemed and upon such tenns as he or she may direct. (2) The request for extension of time must be submitted to the Registrar by the person concerned before the deadline prescribed for doing the relevant act. The extension may be granted through the time limit for doing the act or taking the proceeding before the extension time has expired. 488 S.I. 70of2016 (3) Inrespect ofthe doing of an act or the taking of a proceeding in respect of which the Registrar has already granted an extension of time limit, no further extension shall be granted. Administrative instructions 16. The Registrar may issue Administrative Instructions relating to the procedures under these Regulations as well as to the other functions of the Registrar. Fir-sT Sc"HEDUIE (Section 2) FEES Matter or proceeding Application for registration of a geographical indication. 150,00 Request for amendment of application documents . . . 50,00 Request for correction of error in the application documents . 50,00 Filing of an opposition to the registration of a geographical indication . . . . . . . . . . . . . . . . . . . ioo,oo Request for a cancellation of a registration of a geographical indication filed by persons on whose the application a geographical indication was registered. . . . . . . . . . . . . . 20,00 Request for certified copies of extracts from Register per page . 1,00 Request for inspection of the file 1,00 Request for inspection of the file 20,00 Request for extension of time . . 20,00 SE('OND ScHEDUlE (Section 2) FORMS GIFORM 1 Registration No. Section 17(2) of the Act DATE STAMP Section 8 of Registration 489 Geographical Indications Regulations, 2016 APPLICATION FOR THE REGISTRATION OF A GEOGRAPHICAL INDICATION One rcprcs~ntationiindication to be fixed within this space accompanied by ten I others . I Application is hereby made for the registration of the Geographical Indication as indicated above, in the name of: ....................... . whose full address and Nationality is: The quality, reputation or characteristics which is attributable to is Geographical Indication is as follows Dated this ...................... . G I FORl\1:?. Section 18(1) of the Act Section 9 of Regulations day of ...................................... . Applicant(s) Agent for application Registration No. Date Stamp Advertisement Application (To be furnished in Duplicate) The advertisement set out below has now been approved by the Registrar, and the form should be sent forthwith to the Chief Executive Officer of Printftow (Private) Limited, PO. Box CY 341, Causeway, Zimbabwe, so that it reaches him by l:?.noon on Wednesday the.......... .. ........ in order that the Patent and Trademark Journal following such date. Registrar 490 Item No. (a) (b) (c) (d) No: ............................. . Address for Service is: S.I. 70of2016 A notice of opposition in form GI may be filed by any person interested at the Trademark. Office within two months from date of publication of this advertisement. Notes (a) Insert number of Application. (b) Insert name/symbol oi the Geographical Indication concerned. (c) Insert name of the applicant, address and nationality. (d) Insert the quality reputation or characteristic attribute to its Cieographic::d Indication. G I FORM 3 Section 19(1) of the Act Section 10 of Regulations Date Stamp Geographical Indication [Chapter 26:06] Request for Registration of a Geographical Indication l!We ................ . of .... request the Certificate of registration be issued in respect of the following Geographical Indications 491 Geographical Indications Regulations, 2016 Number The prescribed fees amounting to $ ... ..... .. . . .. . . . are hereby transmitted in respect of Trademark No: ............................................ . Dated this ........................................... day of ................................................... . No. Gl FORM 4 Section 22 of the Act Section 11 of the Registrations Applicant/ Agent for Applicant Registration Date: ......................... . Geographical Indication Act [Chapter 26:06] Application for Rectification of the Register 1/We, ................................................................................................................... , hereby apply the entry in the Register in respect of Geographical Indication be rectified in the following manner ...................................................................... . The ground of my/our application is/are as follows Dated this.......................................... day of ................................................... . 492 Applicant(s )/Agent for Applicant · S.I. 70 of 2016 Insert full name and addres~ GIFORM 5 Registration No. Section 23 of the Act Section 12 of Regulations Date Stamp Geographical Indication Act [Chapter 26:06] Application for Cancellation of Rc&4stration Application is hereby made . for the cancellation of registered Geographical Indication No . registered on the ......... . .................... ........ day of ...................... . The reason for this application islare as follows Dated this . . . . . . . . . . . . . . . . ........................ . day of. FORM6 For Official Use Received Section 40 of Act Section 40 of Regulations Form of Authorisation of Agent I/Wc ................................................................................ . 493 i\pplicant(s)l Agent for/\ pplicant Geographical Indications Regulations, 2016 whose full address is .......................................................................................... . have appointed .................................................................................................. . of ........................................................................................................................ . to act as my/our agent in Zimbabwe .................................................................. . for.. ....................................................................................................................... . ............................................................................... No ...................................... . and request that all notices requisitions and communications relating thereto may be sent to such agents, at the above address, and I/we hereby authorise the said agent to accept service on my/our behalf of any documents relating to any registration obtained under this authorisation. l!We hereby declare that I am/we are a ............................................................................................................................ . Dated this.......................................... day of .................................................. .. Signature Status of Signature 1. The full names of all partners in a firm must be inserted. 2. Here state bane and address of Agent. 3. Here state the particular matter of proceedings for which the agent is appointed giving the registration application number if known. 4. Here state nationality and kind of corporations. Supplement to the Zimbabwean Government Gazette dated the 8th July, 2016. Printed by the Govemmellt Printer, Harare. 494 ·