Statistics Act, 1999
R 385
Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsProtection of Geographical Indications used on Agricultural Products intended for sale in the Republic of South Africa5. Application for registration as a foreign geographical indication |
| (1) | An application for registration as a foreign GI, excluding foreign GIs that form part of international agreements, by a group from outside the Republic of South Africa shall be submitted electronically to the Executive Officer and at least in English via the competent authority in the country concerned: Provided that an application for registration shall not be considered in instances where the proposed name— |
| (a) | is not protected, or has ceased to be protected or has fallen into disuse in its country of origin; |
| (b) | is identical to an existing registered South African GI for the same agricultural product; |
| (c) | is identical to a term customary in common language in the Republic of South Africa as the common name for the agricultural product concerned; |
| (d) | is generic and cannot identify the place of production and given quality, reputation or other characteristics attributable to the place of production; |
| (e) | is identical to a customary name of a plant variety or an animal breed existing in the Republic of South Africa and is likely to mislead the consumer as to the true origin of the agricultural product; |
| (f) | is wholly or partially homonymous with an existing registered GI and is likely to mislead consumers; |
| (g) | is identical or similar to the name of a trade mark used in the Republic of South Africa on the same or similar agricultural product(s); or |
| (h) | is intended to be used in translation, or is accompanied by words or expressions such as "kind", "type", "style", "imitation", "method", "as produced in", or any similar words or expressions. |
| (2) | An application referred to in sub-regulation (1) shall include at least the following information: |
| (a) | The same information required in regulation 4(2)(a) to (f). |
| (b) | Proof that the GI is still in use and is protected in the country of origin. |
| (c) | The name and contact details of the certification body nominated to verify compliance with the provisions of the product specification: Provided that the Executive Officer shall be informed in writing whenever the nominated certification body changes. |
| (d) | If in use, an example of the GI symbol, designation and/or acronym that will appear with the geographical indication— |
| (i) | on the container and/or outer container of the agricultural product; or |
| (ii) | in an advertisement related to the agricultural product concerned. |
| (3) | A joint application for registration as a foreign GI may be submitted by several groups in instances where the proposed name— |
| (a) | designates a trans-border geographical area; or |
| (b) | is a traditional name connected to a trans-border geographical area. |
