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 Africa8. Processing of applications received and verification of information |
| (1) | Upon receipt of an application for registration as either a South African GI or a foreign GI, excluding foreign GIs that form part of international agreements, the Executive Officer shall within a period not exceeding sixty (60) days from the date of application evaluate the information submitted in terms of regulation 4(2) or 5(2), as the case may be, to determine whether the following conditions have been met: |
| (a) | All the required information has been included in the application. |
| (b) | The proposed GI is not excluded from registration by virtue of the restrictions set out in regulation 4(1) or 5(1) respectively. |
| (c) | The proposed GI meets the definition for "geographical indication" in regulation 1. |
| (d) | The group that applied— |
| (i) | is carrying on an activity in the geographical area specified in the application with respect to the agricultural product so specified; and |
| (ii) | is representative of the agricultural product for which protection is sought |
| (2) | The Executive Officer may— |
| (a) | correct any error of translation, or any obvious spelling error observed in the application filed with him/her, and shall notify the applicant group in writing to remedy the same; |
| (b) | where deemed necessary, request the applicant group in writing to submit additional information: Provided that any request and subsequent submission shall be done within reasonable time and the process completed within the sixty (60) day period specified in sub-regulation (1); |
| (c) | in the case where an application for registration as a South African GI was received— |
| (i) | visit the group of producers in the geographical area concerned to confirm that the information submitted is true and complete within the period specified in sub-regulation (1); and |
| (ii) | request the qualified South African auditor nominated in terms of regulation 4(4)(a) and/or the Assignee designated for the agricultural product concerned to accompany him/her on the visit referred to in sub-paragraph(i); and |
| (d) | consult persons with specialised knowledge and experience about any matter relating to the application received within the period specified in sub-regulation (1). |