In these regulations any word or expression to which a meaning has been assigned in the Act shall have that meaning, and—

"Act"

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

"agricultural product"

means any primary or processed product regulated in terms of sections 3(1) and 15 of the Act, but does not include a liquor product as defined under the Liquor Products Act, 1989 (Act No. 60 of 1989);

"assignee"

means a person, undertaking, body, institution, association or board designated as such under section 2(3)(a) of the Act, which does not have direct or indirect interest in the product concerned;

"certification body"

means, where used in relation to foreign geographical indications, a body or organisation in the foreign country concerned which is accredited in accordance with international standards (e.g. ISO/IEC Guide 65 - General requirements for bodies operating product certification systems; etc.) and that is able to certify that the provisions of the product specifications of a registered foreign GI are complied with;

"competent authority"

means a specific Government department or other entity designated by such Government department in a foreign country that is responsible for the registration and protection of geographical indications;

"days"

means calendar days;

"Department"

means the Department of Agriculture, Forestry and Fisheries;

"Executive Officer"

means the officer designated under section 2(1) of the Act;

"foreign geographical indication" or "foreign GI"

means a geographical indication that identifies an agricultural product intended for sale on the local market as originating in a country other than the Republic of South Africa;

"generic"

means that the name of an agricultural product which, although it relates to the territory, region or place where the agricultural product concerned was originally produced or marketed, has become the common or general name used for such agricultural product in the Republic of South Africa (e.g. French fried potatoes, Brussels sprouts, etc.);

"geographical indication"

(GI) means an indication (name) that identifies an agricultural product—

"group"

means any association, body or entity, irrespective of its legal form, mainly composed of producers or processors that represent the same agricultural product for which protection is sought and that can demonstrate that it is organised on the basis of democratic principles;

"homonymous"

means a word or name or an indication that has the same spelling or sounds the same as a registered geographical indication;

"international agreement"

means any bilateral or multilateral treaty, convention, or agreement to which the Republic of South Africa is a party/ signatory, and any arrangement between the Republic of South Africa and another country, concerning the protection of geographical indications;

"processing"

means that the agricultural product concerned have been subjected to a series of actions which changes its nature;

"producer"

means a person or group of persons who produces, exploits or processes agricultural products and/or exercises control over the use of a geographical indication, standards of production and other product specifications;

"qualified South African auditor"

means a person in the Republic of South Africa, either in his/her private capacity or as an employee of a private entity, who—

"Register"

means an electronic record of registered geographical indications established in terms of regulation 13;

"registered foreign geographical indication" or "registered foreign GI"

means a foreign geographical indication, including a geographical indication that forms part of an international agreement that has been registered in terms of these regulations by entering it in a Register;

"registered geographical indication" or "registered GI"

means a South African or foreign geographical indication that has been registered in terms of these regulations by entering it in a Register;

"registered South African geographical indication" or "registered South African GI"

means a South African geographical indication that has been registered in terms of these regulations by entering it in a Register;

"South African geographical indication" or "South African GI"

means a geographical indication that identifies an agricultural product as originating in the Republic of South Africa;

"trade mark"

means a trade mark as defined by the Trade Marks Act, 1993 (Act No. 194 of 1993), and in the context of these regulations also includes a registered trade mark as defined in the same Act;

"TRIPS Agreement"

means the Agreement on Trade-Related Aspects of Intellectual Property set out in Annex 1C to the WTO Agreement; and

"WTO Agreement"

means the World Trade Organization Agreement adopted at Marrakesh on 15 April 1994, as revised or amended from time to time.