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

6. Application for registration as a foreign geographical indication or foreign designation of origin
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(1)An application for registration as a foreign GI or a foreign designation of origin, excluding foreign Gls and foreign designations of origin that form part of international agreements, by a producer or by a group of producers 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 or South African designation of origin for the same agricultural product;
(c)is generic and cannot identify the place of production and given quality, reputation or other characteristics attributable to the place of production: Provided that the Department shall consult with the competent authority in the country concerned to establish if the proposed name has become generic or not in that country;
(d)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;
(e)is wholly or partially homonymous with an existing registered GI or a registered designation of origin and is likely to mislead consumers: Provided that the Department shall consult with the competent authority in the country concerned to establish if the Executive Officer may consider the registration of a homonymous name as a foreign GI or designation of origin;
(f)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): Provided that the Department—
(i)shall consult with the competent authority in the country concerned to establish if the applicant or applicant group has obtained written consent form the South African owner of the trade mark to register the proposed name as a GI or designation of origin; and
(ii)may also consult the South African owner of the trade mark to establish if they have given written consent for its co-existence with the proposed name as a Gl or designation of origin; or
(i)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 prescribed in regulation 4(2)(a) to (f).
(b)Proof that the GI or designation of origin is still in use and is protected in the country of origin.
(c)If nominated in the foreign country concerned, the name and contact details of the certification body that verifies compliance with the provisions of the product specifications: Provided that the applicant or applicant group shall inform the Executive Officer in writing whenever the nominated certification body changes.
(d)If in use, an example of the GI logo or designation of origin logo, designation or acronym that will appear with the geographical indication or designation of origin—
(i)on the container 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 or foreign designation of origin for the same agricultural product may be submitted to the Executive Officer by one or more producers on an individual basis, or by a single group or several groups of producers, in instances where the proposed name designates a trans-border geographical area.

 

(4)An application for the registration of the proposed trans-border name as a foreign GI or foreign designation of origin shall only be considered by the Executive Officer if the following conditions have been met:
(a)The Department has been provided with the necessary proof that the minimum product specifications for the use of the proposed name have been negotiated and agreed upon between the competent authority(ies) in the trans-border country(ies) concerned.
(b)The Department has been provided with the necessary proof that the name for which registration is requested, is also registered, in use and protected in the trans-border country(ies) concerned.