Statistics Act, 1999
R 385
Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsProtection of Geographical Indications and Designations of Origin used on Agricultural Products intended for sale in the Republic of South Africa16. Cancellation of registration |
| (1) | The Executive Officer shallcancel a registered GI or designation of origin in the following instances: |
| (a) | On request of the producer or group of producers for whom the name was registered and where the registered GI or designation of origin is no longer used. |
| (b) | If it is established during inspections referred to in regulation 21(1) that compliance with the product specifications of the registered GI or designation of origin is no longer ensured by the producer or group of producers for whom the name was registered. |
| (c) | If the Executive Officer was informed by the competent authority in the country concerned that a foreign GI or foreign designation of origin, including a foreign GI and foreign designation of origin that forms part of an international agreement, is no longer protected, or has ceased to be protected, or has fallen into disuse in its country of origin. |
| (2) |
| (a) | The Executive Officer shall, before cancelling a registered GI or designation of origin or use of a registered South African geographical indication or designation of origin as contemplated in sub-regulation (1)(b) and regulation 17(1)(c)— |
| (i) | inform the producer or group of producers concerned of his or her intention to cancel; and |
| (ii) | afford the producer or group of producers an opportunity to make representations within a certain period on why cancellation should not be proceeded with. |
| (b) | The Executive Officer shall, where representations are received within the stipulated period, consider same before making a decision. |
| (3) | The Executive Officer shall in instances where the registration of a GI or designation of origin is cancelled— |
| (a) | remove the registered name, details about the producer or group of producers for whom the name was registered, and any other related information from the Register; and |
| (b) | publish a Notice in the Government Gazette of such cancellation. |
