Intellectual Property Rights from Publicly Financed Research and
R 385
Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)6A. Prohibition and exemption on use of names |
(1) | The Minister may, notwithstanding any other agricultural laws relating to a specific product and taking into account the Republic's international obligations, by notice in the Gazette, prohibit the use of specified geographical or other names, or terms in connection with the sale or export of a specified product, on such conditions as may be specified in such notice. |
(2) | A prohibition issued under subsection (1) shall also apply where the geographical name in question— |
(a) | is used in connection with an indication of the true origin of the product in question; |
(b) | is used in translation; or |
(c) | is used together with words such as "kind", "type", "style", "imitation" or similar words or expressions. |
(3) | The Minister may in such notice authorise the executive officer to exempt a person from the prohibition under such circumstances as may be specified in such notice. |
[Section 6A inserted by section 8 of Act No. 63 of 1998]