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

Regulations

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

10. Objection to the registration

 

(1) Any person or group asserting a legitimate interest in the proposed GI may, within the period allowed for under regulation 9(2), give written notice of his/her/their objection to the registration on any of the following grounds:
(a) The proposed GI does not meet the definition for "geographical indication" in regulation 1.
(b) The proposed GI is a generic name.
(c) The group that applied is not representative.
(d) The proposed registration would be disadvantageous to a long-standing trade mark, or a wholly or partially homonymous name in use.

 

(2) Any grounds for objection referred to in sub-regulation (1) shall be accompanied by the necessary scientific and/or any other supporting evidence.

 

(3) The Executive Officer shall—
(a) upon receipt of the objection, inform the applicant group in writing who in turn shall, within a period not exceeding thirty (30) days, furnish the Executive Officer with a counter-statement of the grounds on which the group relies for the application;
(b) upon receipt of the counter-statement referred to in paragraph (a) furnish the objector with a copy thereof; and
(c) if so requested, give both the applicant group and the objector the opportunity to be heard.

 

(4) If deemed necessary, the Executive Officer may consult persons with specialised knowledge and experience about any matter relating to the objection received to the registration of the proposed name.

 

(5) The Executive Officer shall, after considering all information, counter-statements, arguments and any other relevant information presented to him/her, take a decision within a period not exceeding thirty (30) days whether to reject or register the proposed GI.