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 Africa10. Objection to the registration |
| (1) | Any person or group asserting a legitimate interest in the proposed GI may, within the period allowed for under regulation 9(2), give written notice of his/her/their 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 GI is a generic name. |
| (c) | The group that applied is not representative. |
| (d) | The proposed registration would be disadvantageous to a long-standing 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 and/or any other supporting evidence. |
| (3) | The Executive Officer shall— |
| (a) | upon receipt of the objection, inform the 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 the group 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 applicant group 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/her, take a decision within a period not exceeding thirty (30) days whether to reject or register the proposed GI. |