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 1. Definitions

 

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

 

"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;

 

"certification body"

means, where used in relation to foreign geographical indications and foreign designations of origin, 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 or foreign designation of origin 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 and designations of origin;

 

"days"

means calendar days;

 

"Department"

means Department as defined in section 1 of the Act;

 

"designation of origin"

means the name that identifies an agricultural product—

 

"Executive Officer"

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

 

"foreign designation of origin"

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

 

"foreign geographical indication" or "foreign GI"

means the name 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 the name that identifies an agricultural product—

 

"group"

means any association, body or entity, irrespective of its legal form, mainly composed of producers working with the same agricultural product for which protection is sought;

 

"homonymous"

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

 

"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 or designations of origin;

 

"processing"

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

 

"producer"

means a person who produces, processes or prepares agricultural products in a defined geographical area as well as exercises control over the standards of production and minimum product specifications;

 

"production step"

means production, processing or preparation;

 

"Register"

means an electronic record of registered geographical indications and registered designations of origin established in terms of regulation 14;

 

"registered foreign designation of origin"

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

 

"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 designation of origin"

means a South African or foreign designation of origin 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 iiin a Register;

 

"registered South African designation of origin"

means a South African designation of origin 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 designation of origin"

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

 

"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;

 

"the Act"

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

 

"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, certification trade mark and a collective trade mark as defined in the same Act.