Geographical Indications Law in Dominica
Dominica's legal framework for the protection of geographical indications (GIs) is primarily governed by the Protection of Geographical Indications Act, 1999 (Act No. 13 of 1999), which was brought into force on August 25, 2008, through the Geographical Indications (Commencement) Order, 2008 (SRO 28 of 2008).
Key Features of the Protection of Geographical Indications Act, 1999
Scope of Protection: The Act provides protection for geographical indications, which are signs used on goods that have a specific geographical origin and possess qualities or a reputation due to that origin. Protection is available regardless of whether a geographical indication has been registered.
Registration System: While protection is available without registration, the Act establishes a system for the registration of geographical indications. The Registrar maintains a Register of Geographical Indications, and registration raises a presumption that the indication is valid.
Homonymous Indications: The Act includes provisions for dealing with homonymous geographical indications, particularly concerning wines, to prevent confusion and ensure fair competition.
Enforcement and Legal Proceedings: The Act outlines procedures for the enforcement of rights related to geographical indications and provides mechanisms for legal proceedings in cases of infringement.
Amendments and Regulations
Geographical Indications (Amendment) Act, 2008 (Act No. 13 of 2008): This amendment introduced a requirement for the Registrar of the Court to notify the Registrar of Companies and Intellectual Property about decisions regarding the invalidation or rectification of the registration of a geographical indication. Such decisions must be recorded and published promptly.
Protection of Geographical Indications Regulations, 2008 (SRO 46 of 2008): These regulations implement provisions of the Act, detailing procedures for the recognition, registration, and protection of geographical indications. They provide guidelines for the registration process and the use of geographical indications.
Accessing the Legislation
The full text of the Protection of Geographical Indications Act, 1999 and related documents can be accessed through the Government of Dominica's official website:
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