See the responses to questions 1-4 above. The Fair Trading Act provides for the legal means for interested parties to prevent the misuse of a geographical indication. An interested party may apply to the High Court for an injunction restraining use of a protected geographical indication in a misleading or deceptive manner. If the geographical indication is also registered as a trademark, then rights may be enforced under the Trade Marks Act.
[Answer 1: Protection for geographical indications is provided through the Trade Marks Act 1953, the Fair Trading Act and the common law action of "passing off". Section 9 of the Fair Trading Act states that no person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. In order to provide for a registration system for geographical indications, the Geographical Indications Act 1994 was passed. This Act provides for the registration and protection of geographical indications in relation to "specified goods". These are those classes of goods declared by the Regulations under the Geographical Indications Act. The Geographical Indications Act is not yet in force and must be brought into force by an Order of Council. The Geographical Indications Regulations enacted under the Geographical Indications Act will prescribe any forms to be used for the purposes of the Act. They will also specify the manner in which applications and determinations under the Act must be published, criteria to which a Geographical Indications Committee must have regard in determining a geographical indication and any fees payable. The Geographical Indications Regulations are currently being drafted.]
[Answer 2: Protection for geographical indications is provided through the Trade Marks Act 1953, the Fair Trading Act and the common law action of "passing off". Section 9 of the Fair Trading Act states that no person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. In order to provide for a registration system for geographical indications, the Geographical Indications Act 1994 was passed. This Act provides for the registration and protection of geographical indications in relation to "specified goods". These are those classes of goods declared by the Regulations under the Geographical Indications Act. The Geographical Indications Act is not yet in force and must be brought into force by an Order of Council. The Geographical Indications Regulations enacted under the Geographical Indications Act will prescribe any forms to be used for the purposes of the Act. They will also specify the manner in which applications and determinations under the Act must be published, criteria to which a Geographical Indications Committee must have regard in determining a geographical indication and any fees payable. The Geographical Indications Regulations are currently being drafted.]
[Answer 3: Protection for geographical indications is provided through the Trade Marks Act 1953, the Fair Trading Act and the common law action of "passing off". Section 9 of the Fair Trading Act states that no person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. In order to provide for a registration system for geographical indications, the Geographical Indications Act 1994 was passed. This Act provides for the registration and protection of geographical indications in relation to "specified goods". These are those classes of goods declared by the Regulations under the Geographical Indications Act. The Geographical Indications Act is not yet in force and must be brought into force by an Order of Council. The Geographical Indications Regulations enacted under the Geographical Indications Act will prescribe any forms to be used for the purposes of the Act. They will also specify the manner in which applications and determinations under the Act must be published, criteria to which a Geographical Indications Committee must have regard in determining a geographical indication and any fees payable. The Geographical Indications Regulations are currently being drafted.]
[Answer 4: Section 9 of the Fair Trading Act and Section 4(2) of the Geographical Indications Act apply. Section 9 of the Fair Trading Act states that no person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. Section 4(2) of the Geographical Indications Act provides that, where a person, in trade, uses, in relation to a specified good a protected geographical indication, whether used: (i) together with the true geographical origin of the goods; (ii) in translation; or (iii) accompanied by any of the words "kind", "type", "style" or "imitation", or any similar word or expression; and the goods did not originate in the geographical origin to which the protected geographical indication relates, that person will be in breach of Section 9 of the Fair Trading Act.]