Please see the answer to question 4 under I above.
[Answer 4: The following laws are relevant in connection with Article 22.2: - An aggrieved party may begin an action for passing off under the common law to prevent the misleading use of a GI. Furthermore, the action of "passing off" is preserved under Section 36 of the TMO. Thus, any trader misrepresenting his goods as those of another trader who has acquired a reputation, causing loss to the other trader, faces an action for passing off. The distinctiveness of a plaintiff's goodwill in his business can derive from his name, his mark, a description or the get-up of his goods. The owner of a certification trademark may bring an action under Section 67 of the TMO in respect of any infringement. - The use of a misleading GI may also constitute an offence under the Trade Descriptions Ordinance (Cap.362) ("TDO"), where it is an offence for someone to apply a false description to any goods. The TDO defines, in Section 2, a "trade description" as, inter alia, an indication, direct or indirect, and by whatever means given, of any of the following matters with respect to any goods or part of goods [.....] method of manufacture, production, processing or reconditioning [.....] approval by any person or conformity with a type approved by any person [.....] place or date of production [.....] person by whom produced [.....] other history including previous ownership or use. A trade description is false if it is false to a material degree. It is an offence, pursuant to Section 7 of the TDO, in the course of any trade or business, to apply a false trade description to goods, or to supply or offer to supply any goods to which a false trade description is applied, or to possess such goods. Pursuant to Section 12, it is also an offence to import or export any goods to which a false trade description is applied. - The relevant provisions of the TDO accordingly exceeds the protection required under Article 22(2)(a) in that the criminal offences are not restricted to goods from a region or locality where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin, but extends to any false description of origin. - To facilitate the prosecution of importers who import goods bearing a false description of origin of the goods, a presumption is provided in Section 24A of the TDO that evidence that the goods were imported from a country is prima facie evidence that the goods were produced in that country. Thus, the prosecution would not have the burden of proving where the goods originated, simply relying on the country from which they were imported. The following laws are relevant in connection with Article 23.1: - Under Section 12(1) of the TMO it is not lawful to register a trademark which would be likely to deceive. Section 12(1) may therefore be used to prevent the registration of a trademark, where such a registration is deceptive. This is true whether the application is for an ordinary trademark or a certification trademark. - The action for passing off is also available for anyone who wishes to stop the use of a GI where the true origin of the goods has been stated or is used with words like "kind", "type", "style", "imitation". See, e.g., J. Bollinger v The Costa Brava Wine Co  RPC 116, where an attempt to use the words "Spanish Champagne" led to the granting of an injunction for passing off in the face of "Champagne" wine produced in the district of Champagne in France. There is also the Taittinger v Allbev  FSR 641, where a passing off action succeeded against Elderflower Champagne. - Reference should also be made to the TDO. This makes it an offence to apply a false description to goods, or to supply or offer to supply any goods to which a false description is applied. Use of words like "style", etc., would not, however, give rise to criminal offences as the description that the wine is of a named style is unlikely to be false.]