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 Africa6. Registration of foreign geographical indications that form part of international agreements |
| (1) | Foreign GIs that form part of international agreements and which fall within the scope of these regulations shall— |
| (a) | not be subject to the procedure for application for registration as a foreign GI set out in regulation 5: Provided that the Executive Officer shall prior to the action taken under paragraph (b) be satisfied that— |
| (i) | such foreign GIs are in use and protected in the foreign country concerned; |
| (ii) | such foreign GIs are subject to regular audits by a certification body in the foreign country concerned; |
| (iii) | such foreign GIs do not contravene any of the restrictions set out in regulation 5(1); and |
| (iv) | the latest product specifications registered for the name concerned are accessible in electronic format. |
| (b) | be entered in a Register as set out in regulation 12(2): Provided that where necessary, the Executive Officer may request the competent authority in the country concerned to furnish him/her with additional information required for the Register as set out in regulation 13(2). |
| (2) | The competent authority in the country concerned shall inform the Executive Officer in writing and within reasonable time of any change in status of a registered foreign GI that forms part of an international agreement. |
| (3) | Any addition of a name to the list of registered foreign GIs that form part of an international agreement and which fall within the scope of these regulations shall be done in accordance with the procedure provided for in such international agreement, or as otherwise mutually agreed between the Republic of South Africa and the country concerned. |