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. |