Geographical Indications Act 2014
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title and commencement
2 Interpretation
3 Application of Act
Part 2 PROTECTION FOR GEOGRAPHICAL INDICATIONS
4 Interested party may bring action for certain uses of geographical indication
5 Remedies
6 Order for delivery up of goods, material and articles
7 Order as to disposal of goods, material or articles
8 Remedy for groundless threats of proceedings under section 4
9 Declaration by Court
10 Homonymous geographical indications for prescribed goods
Part 3 EXCEPTIONS
Division 1 — Exceptions applicable to all geographical indications
11 Certain uses of geographical indications excepted
12 Exceptions regarding prior users
13 Exception for use of personal name
14 Exception for failure to take action
Division 2 — Exceptions applicable to registered geographical indications
15 Certain uses of registered geographical indications excepted
16 Exceptions for prior users of registered geographical indications and trade marks
Part 4 REGISTRY OF GEOGRAPHICAL INDICATIONS AND ADMINISTRATION
Division 1 — The Registrar
17 Registrar of Geographical Indications and other officers
18 Delegation by Registrar
19 Registry of Geographical Indications
20 Seal of Registry
Division 2 — The register
21 Register of geographical indications
22 Rectification of register, etc.
23 Inspection of and extract from register
24 Falsification of register, etc.
25 Falsely representing geographical indication as registered
Division 3 — Powers and duties of Registrar
26 Costs awarded by Registrar
27 Security for costs
28 Evidence before Registrar
29 Disobedience to summons an offence
30 Refusal to give evidence an offence
31 Exclusion of liability in respect of official acts
32 Appeals from Registrar
Division 4 — Forms, fees, hours of business and publication
33 Forms and directions of Registrar
34 Fees
35 Hours of business and excluded days
36 Publication of geographical indication applications, etc.
37 Recognition of agents
Part 5 REGISTRATION OF GEOGRAPHICAL INDICATIONS
Division 1 — Registration
38 Persons who may apply for registration
39 Application for registration of geographical indications
40 Registration only in respect of prescribed categories of goods
41 Grounds for refusal of registration
42 Registration of homonymous geographical indications
43 Examination
44 Appointment of technical advisor
45 Publication and opposition proceedings
46 Requests for qualification to be entered in register
47 Withdrawal or amendment of application
48 Registration
48A Application for limitation of scope to be entered in register
49 Revocation of acceptance
Division 2 — Administration of registered geographical indications
50 Duration of registration
51 Renewal of registration
52 Cancellation of registration of geographical indication
53 Transfer of registration of registered geographical indication
Division 3 — Miscellaneous
54 Amendment of other documents
Part 6 ASSISTANCE BY BORDER AUTHORITIES
Division 1 — Preliminary provisions
55 Interpretation of this Part
55A Delegation of Director-General’s powers
55B Fees
Division 2 — Seizure of goods on request
56 Request for seizure of suspected infringing goods
57 Security for liability or expense of seizure, storage and disposal
58 Secured storage of seized goods
59 Notice of seizure
59A Persons bound to give information or produce documents
59B Information on import or export
60 Inspection of seized goods
61 Compulsory release of seized goods to importer or exporter
62 Compensation for failure to take action
63 Infringement actions
64 Retention of control of seized goods
65 Disposal of seized goods
66 Insufficient security
Division 3 — Ex-officio seizure of goods
67 Seizure and inspection of suspected infringing goods
67A Requirements for continued detention
67B Notice to take action
67C Persons bound to give information or produce documents
67D Information on import or export
67E Compulsory release of seized goods to dealer
67F Provisions relating to infringement action
67G Compensation for failure to take action
67H Retention of control of seized goods
67I Disposal of seized goods
67J Insufficient security
Division 4 — Powers of inspection
68 Powers of inspection in relation to vehicles
69 Examination of packages, etc.
70 Power to remove packages and goods to examination station
71 Inspection of baggage and belongings on person
72 Powers of authorised officers to enter certain premises
73 Obstruction
74 Protection from personal liability
Part 7 MISCELLANEOUS AND GENERAL PROVISIONS
75 Registration to be prima facie evidence
76 Certificate of validity of contested registration
77 Certificate of Registrar
78 Costs of proceedings before Court
79 Burden of proving use of registered geographical indication
80 Offences by bodies corporate, etc.
81 Composition of offences
82 Jurisdiction of courts
83 Minister may designate other qualifying countries
84 General power to make rules
85 Rules of Court
86 Rights under other laws unaffected
87 (Omitted)
88 Saving and transitional provisions
Legislative History
Abbreviations
Comparative Table