This Act is administered by the Ministry of Economic Development.
1 Title
2 Commencement
Part 1Preliminary provisions
3 Purpose
4 Interpretation
5 Act binds the Crown
Part 2Registered geographical indications
Nature of registered geographical indication
6 What is geographical indication?
7 What is registered geographical indication?
Registration
8 Registration
9 Date of registration
Restrictions on registration
10 Geographical indication identical to registered geographical indication
11 Geographical indication identical to customary name of grape variety
12 Geographical indication identical to common name for wine or spirit
13 Foreign geographical indication
14 No registration of geographical indication if identical to trade mark for identical goods or services
15 No registration of geographical indication if identical to trade mark for similar goods or services
16 No registration of geographical indication if similar to trade mark for identical goods or services
17 No registration of geographical indication if similar to trade mark for similar goods or services
18 When restrictions on registration as geographical indication do not apply in relation to trade mark
Registration of homonymous geographical indication
19 Registrar may register homonymous geographical indication
20 Registrar may impose conditions when registering homonymous geographical indication
21 Restriction on use of New Zealand registered geographical indication for wine
22 Restriction on use of foreign registered geographical indication for wine
23 Restriction on use of New Zealand registered geographical indication for spirit
24 Restriction on use of foreign registered geographical indication for spirit
25 Additional rules relating to restrictions on use
26 Use of certain information not use of registered geographical indication
When restrictions on use of registered geographical indication do not apply
27 Wine or spirit never in New Zealand or in transit only
28 Bottling pre-dating registration of registered geographical indication
29 Continuous use
30 Trade mark pre-dating registration of registered geographical indication
31 Use of registered geographical indication in unregistered trade mark after 5 years after adverse use generally known
32 Unregistered geographical indication homonymous with registered geographical indication
Effect of breach of restriction
33 Breach of restriction on use of registered geographical indication is breach of Fair Trading Act 1986
Registrar
34 Registrar
35 Registrar's seal
Process of registration
36 Interested person may apply for registration of geographical indication
37 Registrar must deal with application according to prescribed procedure
38 Priority
39 Registrar may obtain advice and consult
40 Hearing before exercise of Registrar's discretion
41 Conditions of use
Register of registered geographical indications
42 Register
43 Public access to register
44 Registrar may correct obvious errors or omissions
45 Removal from register
46 Alteration of register
47 Procedure for removal or alteration
Appeals
48 Appeals in relation to Registrar's decisions
49 Notice of appeal
50 Hearing of appeal
51 Determination of appeal
52 Provisions pending determination of appeal
Geographical indications committees
53 When Registrar may establish geographical indications committee
54 Membership of committee
55 Discharge of committee or removal of member
56 Proceedings of committee
Miscellaneous
57 Regulations
58 Act does not affect unregistered geographical indication
59 Act does not affect Wine Act 2003
60 Act does not affect New Zealand (Australia New Zealand Food Standards Code) Food Standards 2002
61 Act does not limit Fair Trading Act 1986
62 Geographical Indications Act 1994 repealed
63 Trade Marks Act 2002 amended
20 Trade mark that contains registered geographical indication must not be registered
98A No infringement through use of registered geographical indication
64 Other consequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: