WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/MUS/G/2
26 May 2003
(03-2797)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
MAURITIUS
The present document reproduces the text1 of the Geographical Indications Act 2002, Act Nº 23
of 2002, as notified by Mauritius under Article 63.2 of the Agreement (see document IP/N/1/MUS/2).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
MAURICE
Le présent document contient le texte1 de la Loi de 2002 sur les indications géographiques,
Loi n° 293 de 2002, notifiée par Maurice au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/MUS/2).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
MAURICIO
En el presente documento se reproduce el texto
1 de la Ley de Indicaciones Geográficas de 2002,
Ley Nº 23 de 2002, que Mauricio notificó de conformidad con lo dispuesto en el párrafo 2 del artículo 63
del Acuerdo (véase el documento IP/N/1/MUS/2).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/MUS/G/2
Page 2
THE GEOGRAPHICAL INDICATIONS ACT
ACT NO. 23 OF 2002
I ASSENT
K.OFFMANN
8TH AUGUST 2002 PRESIDENT OF THE REPUBLIC
_________
ARRANGEMENT OF SECTIONS
Section
PART I - PRELIMINARY
1. Short title
2. Interpretation
PART II - PROTECTION
OF GEOGRAPHICALINDICATIONS
3. Unfair practice
4. Availability of protection5. Homonymous geographical
indications for wines
6. Exclusion from protection7. Offences
PART III -REGISTRATION OF
GEOGRAPHICALINDICATIONS
8. Application for registration
9. Contents of application10. Registration11. Right of use
12. Cancellation and rectification of
registration
13. Register14. Correction of errors15.  Extension of time16. Exercise of discretionary powers17. Competence of Tribunal
PART IV - SPECIAL
PROVISIONS CONCERNINGMARKS, EXCEPTIONS
18. Misleading marks
19. Marks conflicting with a
geographical indication for winesand spirits
20. Exceptions regarding prior use
PART V - REGULATIONS
21. Regulations
PART  VI - COMMENCEMENT
22. CommencementIP/N/1/MUS/G/2
Page 3
An Act
To provide for the protection of geographical
indications and related matters
ENACTED by the Parliament of Mauritius, as follows -
PART I - PRELIMINARY
1. Short title
This Act may be cited as the Geographical Indications Act 2002.
2.  Interpretation
In this  Act -
"Controller" means the Controller of the Industrial Property appointed under
section 3 of the Patents, Industrial Designs and Trademarks Act 2002;
"geographical indication" means an indication which identifies a product as
originating in the territory of a country, or a region or locality in that territory,
where a given quality, reputation or other characteristic of the product is
essentially attributable to its geographical origin;
“legal practitioner” has the same meaning as in the Law Practitioners Act;
"Minister" means the Minister to whom the responsibility for the subject of
international trade is assigned;
"Paris Convention" means the Paris Conv ention for the Protection of Industrial
Property of 1883;
"producer" means -
(a) any producer of agricultural products or any other person exploiting
natural products;
(b) any manufacturer of products of handicraft or industry;
“product” means any natural or agricultural product or any product of
handicraft or industry;
"Register" means the Register of Geographical Indications;
"Tribunal" means the Tribunal set up under section 9 of the Patents, Industrial
Design and Trademarks Act 2002.IP/N/1/MUS/G/2
Page 4
PART II - PROTECTION OF GEOGRAPHICAL INDICATIONS
3. Unfair practice
(1) The use of -
(a) any means in the designation or presentation of a product that
indicates or suggests that the product in question originates in a
geographical area, other than the true place of origin, in a manner
which misleads the public as to the geographical origin of the
product;
(b) a geographical indication -
(i) identifying wines for wines, or any such product as may
be prescribed, not originating in the place indicated by
the geographical indication in question; or
(ii) identifying spirits for spirits, or any such product as may
be prescribed, not originating in the place indicated by
the geographical indication in question;
even where the true origin of the products is indicated or the geographical indication is used in
translation or accompanied by expressions such as "kind", "type", "style", "imitation" or the like, shall
be unlawful.
(2) Any act referred to in subsec tion (1) shall amount to an act of
unfair practice and may give ri se to a claim in damages.
(3) Any proceeding under subsec tion (2) shall be initiated in
accordance with the Protection Against Unfair Practices (Industrial PropertyRights) Act 2002.
(4) Any person may institute court proceedings to prevent the use as
described in subsection (1) and the court ma y, in addition to issuing an injunction,
award damages and grant any other remedy or relief as it may deem fit.
4. Availability of protection
(1) The protection afforded under this Act shall be available in respect of a
geographical indication-
(a) irrespective of whether it has been registered; or(b) which, although literally true as to the territory, region or locality
in which the products originate, falsely represents to the public
that the products originate in another territory.
(2) The registration of any geographical indication under Part III of this Act
shall, in any proceedings under this Act, ra ise a presumption that such indication is a
geographical indication within the meaning of section 2 of this Act.IP/N/1/MUS/G/2
Page 5
5. Homonymous geographical indications for wines
(1) In the case of homonymous geographical indications for wines,
protection shall, subject to section 4 (1) (b), be granted to each indication.
(2) The Controller shall, in cases of permitted concurrent use of such indications,
determine the practical conditions under which the homonymous indications in question
will be differentiated from each other, taking into account the need to ensure equitable
treatment of the producers concerned and that consumers are not misled.
6. Exclusion from protection
Any -
(a) indication which does not correspond to the definition in
section 2 of this Act;
(b) indication which is contrary to public order or morality; or(c) geographical indication which is not or ceases to be protected in their
country of origin, or which has fallen into disuse in that country,
shall not be protected.
7. Offences
Any person who, knowingly and with intent to deceive, performs any of the acts
referred to in section 3, shall commit an offence and shall, on conviction, be liable to afine of not more than Rs 250,000 and to imprisonment for a term of not more than 5
years.
PART III - REGISTRATION OF GEOGRAPHICAL INDICATIONS
8. Application for registration
(1)  An application for the registration of a geographical indication shall be
filed with the Controller.
(2) Any person carrying on an activity as a producer in the geographical area
specified in the application, with respect to the product specified in the application, shall
have the right to file an application for registration.
(3) Where an applicant's ordinary residence or principal place of business is
outside Mauritius, he shall be represented by a legal practitioner resident and practising inMauritius.
9. Contents of application
(1) An application for the registration of a geographical indication shall
specify -IP/N/1/MUS/G/2
Page 6
(a) the name, address and nationality of the person filing the
application, and the capacity in which the applicant is applying
for registration;
(b) the geographical indication for which registration is sought;
(c) the geographical areas to which the geographical indication
applies;
(d) the products for which the geographical indication applies; and(e) the quality, reputation or other characteristic of the products for
which the geographical indication is used.
(2) The application shall be subject to the payment of a prescribed fee.
10.    Registration
(1) The Controller shall examine the application to ascertain whether it
complies with the requirements of sections 8 and 9 and any prescribed regulations.
(2) Where the Controller finds that the conditions referred to in
sections 8 and 9 have been fulfilled, he sh all cause the application to be published
in the prescribed manner.
(3) Any interested person may, within the prescribed period and in the
prescribed manner, give notice to the Controller of opposition to the registration
of the geographical indication on the grounds that one or more of the requirements
of sections 6, 8 and 9 have not been fulfilled.
(4) The Controller shall send a copy of such notice of opposition to the
applicant and, within the prescribed pe riod and in the prescribed manner, the
applicant shall send to the Controller and the opponent, a counter-statement of the
grounds on which he relies for his application.
(5) Where, after a period of 1 mont h, the applicant does not send his
counter-statement, his a pplication shall lapse.
(6) Where the applicant sends a count er-statement, the Controller shall,
after hearing the parties, decide whether the geographical indication shall beregistered.
(7) Where the Controller finds that the conditions referred to in subsection
(1) have been fulfilled, and either-
(a) the registration of the geographical indication has not been
opposed within the prescribed time limit; or
(b) the registration of the geographical indication has been opposed
and the opposition has been decided in the applicant's favour,
he shall -IP/N/1/MUS/G/2
Page 7
(i) register the geographical indication;
(ii) publish a reference to the registration; and
(iii) issue a certificate of registration to the applicant.
11. Right of use
No person, other than a producer carrying on an activity in the geographical area
specified in the Register, shall have the right to use a registered geographical indication in
the course of trade with respect to the products specified in the Register, and which
possess the quality, reputation or other characteristics specified in the Register.
12. Cancellation and rectification of registration
(1) Any interested person may, subject to section 6, apply to the Tribunal for
-
(a) the cancellation of the registration of a geographical indication
on the ground that it does not qualify for protection;
(b) the rectification of the registration of a geographical indication
on the ground that –
(i) the geographical area specified in the registration does
not correspond to the geographical indication;  or
(ii) that the indication of the products for which the
geographical indication is used or the indication of the
quality, reputation or other characteristic of such
products is missing or unsatisfactory.
(2) In any proceedings under this section, notice of the request for
cancellation or rectification shall be -
(a) served on the person who filed the application for registration of
the geographical indication or his successor in title; and
(b) given to all persons having the right to use the geographical
indication under section 11,
in such manner as may be prescribed.
(3) Any person referred to in subsection (2) or any other person having an
interest in the matter may, within a period wh ich shall be specified by the Tribunal in the
said notice and publication, apply to join in the proceedings.
(4) The Registrar of the Tribunal shall notify the Controller of the
decision of the Tribunal or the deci sion on any appeal therefrom and the
Controller shall record and publish a re ference thereto as soon as possible.IP/N/1/MUS/G/2
Page 8
13. Register
(1) The Controller shall maintain a Register in which he shall record all
matters required by this Act to be recorded.
(2) The Register may be consulted by any person, and any person may
obtain extracts therefrom, on payment of the prescribed fee.
(3) Any publication provided for under  this Act shall be published by
the Controller in the prescribed manner.
14. Correction of errors
(1) The Controller may, subject to any regulations made under this Act,
correct any error of translation or transcription, clerical error or mistake in any applicationor document filed with the Controller or in any matter recorded pursuant to this Act.
15. Extension of Time
 
(1) Where the Controller is satisfied that the circumstances so justify, he may,
upon receiving a written request, extend the time for doing any act or taking any
proceeding under this Act and thereafter serve notice to any party concerned and uponsuch terms as he may determine.
(2) Notwithstanding that the time for doing the act or taking the proceeding
has expired, the Controller, may, on good cause shown, grant an extension of time.
16. Exercise of discretionary powers
The Controller shall, before exercising any discretionary power vested in him by
this Act, which adversely affects any party to a proceeding before him, afford that party
an opportunity to be heard.
17. Competence of Tribunal
(1) The Tribunal shall have jurisdiction in cases of dispute relating to the
interpretation of this Act and in matters which, under the Patents, Industrial Designs andTrademarks Act 2002, are referred to it.
(2) Any decision taken by the Controller under this Act, in particular
the registration of a geographical indicati on, may be the subject of an appeal by
any interested party to the Tribunal.
PART IV - SPECIAL PROVISIONS CONCERNING MARKS, EXCEPTIONS
18. Misleading marks
Notwithstanding any other enactment, the Controller shall, on his own motion or
at the request of an interested party, refuse, or invalidate, the registration of a trademark
which contains or consists of a geographical indication with respect to products not
originating in the territory indicated, where the use of the indication in the trademark forIP/N/1/MUS/G/2
Page 9
such products in Mauritius is of such a nature as to mislead the public as to the true place
of origin.
19. Marks conflicting with a geographica l indication for wines and spirits
The registration of a trademark for wines which contains or consists of a
geographical indication identifying wines or of a trademark for spirits which contains or
consists of a geographical indication identifying spirits shall be refused or invalidated by
the Controller on his own motion or at the request of an interested party with respect to
such wines or spirits not having this origin.
20. Exceptions regarding prior use
(1)  Nothing in this Act shall prevent the continued and similar use of a
particular geographical indication of another country identifying wines or spirits in
connection with products or services, by any national or resident of Mauritius who has
used that geographical indication in a continuous manner with regard to the same orrelated products or services in the territory of Mauritius either -
(a) for at least 10 years preceding April 15, 1994; or
(b) in good faith preceding that date.
(2) Where a trademark has been applied for or registered in good faith, or
where rights to a trademark have been acquired through use in good faith either -
(a) before the date of entry into force of this Act; or
(b) before the geographical indication is protected in its country of
origin,
this Act shall not prejudice the registrability of or the validity of the registration of a
trademark, or the right to use a trademark, on the basis that such a trademark is identical
with, or similar to, a geographical indication.
(3) Nothing in this Act shall apply in respect of a geographical indication of
any country with respect to products or se rvices for which the relevant indication is
identical with the term customary in common language, as the common name for such
products or services in Mauritius or in respect of a geographical indication of any othercountry with respect to products of the vine for which the relevant indication is identical
with the customary name of a grape variety existing in Mauritius as at 1 January, 1995.
(4) Any request for relief made under Part II of this Act in connection with
the use or registration of a trademark must be presented within 5 years after the adverseuse of the protected indication has become generally known in Mauritius or after the date
of registration of the trademark in Mauritius, provided that the trademark has been
published by that date, if such date is earlier than the date on which the adverse use
became generally known in Mauritius and provided that the geographical indication is not
used or registered in bad faith.IP/N/1/MUS/G/2
Page 10
(5) This Act shall in no way prejudice the right of any person to use, in the
course of trade, that person's name or the name of that person's predecessor in business,
except where such name is used in such a manner as to mislead the public.
PART V - REGULATIONS
21. Regulations
The Minister may make regulations prescribing any matter that are required or
permitted to give effect to this Act.
PART VI - COMMENCEMENT
22. Commencement
This Act shall come into force on a date to be fixed by Proclamation.
Passed by the National Assembly on th e second day of July two thousand
and two.
      Andre Pompon
      Clerk of the National Assembly
__________