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

11. Objection to the registration
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(1)Any producer, group of producers or other person asserting a legitimate interest in the proposed GI or designation of origin may, within the period allowed for under regulation 10(2), give written notice of an 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 designation of origin does not meet the definition for 'designation of origin' in regulation 1.
(c)The proposed GI or designation of origin is a generic name.
(d)The proposed minimum product specifications are inadequate or impractical for the defined geographical area concerned.
(e)The proposed name would conflict with a 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 or any other supporting evidence.

 

(3)The Executive Officer shall—
(a)upon receipt of the objection, inform the applicant or 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 a producer or group of producers 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 producer or group of producers that applied 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 or her, take a decision within a period not exceeding thirty (30) days whether to reject or register the proposed GI or designation of origin.