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Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)

Regulations

Protection of Geographical Indications and Designations of Origin used on Agricultural Products intended for sale in the Republic of South Africa

3. Prohibition on the use of registered geographical indications and designations of origin

 

(1) Any direct or indirect commercial use of a registered GI or designation of origin in the Republic of South Africa is prohibited on—
(a) similar agricultural products which are not covered by the registration; and
(b) dissimilar agricultural  products where such use exploits the reputation of the protected name.

 

(2) The prohibition referred to in sub-regulation (1) shall—
(a) apply in particular where—
(i) the registered name is imitated or alluded to;
(ii) the registered name is translated;
(iii) the registered name is accompanied by words or expressions such as "kind", "type", "style", "imitation","method","as produced in", or any similar words or expressions: Provided that the use of these words or expressions together with the registered name shall be permissible when specifically allowed for in an international agreement; and
(iv) the agricultural product protected by a registered GI or registered designation of origin is used as an ingredient in the manufacture of another foodstuff, unless the conditions in regulation 19 have been met; and
(b) also apply to—
(i) any false or misleading indication or depiction as to the agricultural product's true origin, provenance, manufacturing process, nature or essential characteristics on a container, an outer container, a notice board or in an advertisement thereof;
(ii) any illicit use of a specific or unique shape of the agricultural product referred to in regulation 4(3)(b);
(iii) any use of a container or packaging which could create a false impression regarding the origin of the agricultural product;
(iv) any illicit use of a GI logo or designation of origin logo;
(v) any illicit use of the designation "Protected Geographical Indication" or "Registered Geographical Indication" or "Republic of South Africa Geographical Indication" or "South African Geographical Indication",or the corresponding acronym "PGI" or "RGI" or "RSA-GI", or "SA-GI", or any similar designations or acronyms; and
(vi) any illicit use of the designation "Protected Designation of Origin" or "Registered Designation of Origin" or "Republic of South Africa Designation of Origin" or "South African Designation of Origin", or the corresponding acronym "PDQ" or "RDO" or "RSA-DO", or "SA-DO", or any similar designations or acronyms.

 

(3) The Executive Officer may grant written exemption, either entirely or partially, from the provisions of sub-regulation (2) on such conditions as he or she may deem necessary.