 WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/ATG/G/1 
14 February 2002 
 (02-0770) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
ANTIGUA AND BARBUDA 
  The present document reproduces the text
1 of the Geographical Indications Bill 2001, as 
notified by Antigua and Barbuda un der Article 63.2 of the Agreement (see document IP/N/1/ATG/1).  
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
ANTIGUA-ET-BARBUDA 
 
 Le présent document contient le texte1 du projet de loi sur les indications géographiques, 
2001, notifié par Antigua-et-Barbuda au titre de l' article 63:2 de l'Accord (voir le document 
IP/N/1/ATG/1). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
ANTIGUA Y BARBUDA 
 
 En el presente documento se reproduce el texto
1 del proyecto de ley de indicaciones 
geográficas de 2001, que Antigua y Barbuda notificó de  conformidad con lo dispuesto en el párrafo 2 
del artículo 63 del Acuerdo (véase el documento IP/N/1/ATG/1). 
                                                      
 1 In English only./En anglais seulement./En inglés solamente. IP/N/1/ATG/G/1 
Page 2  
 
 
 
ANTIGUA AND BARBUDA 
 
Geographical Indications Act 2001 
 
ARRANGEMENT OF SECTIONS 
   Section 
 
Part I: Preliminary 
Short Title and Commencement ................................... 1 Interpretation................................................................. 2 
 
Part II: Protection of Geographical Indications 
Civil Proceedings.......................................................... 3 
           Availability of Protection Regardless of             Registration and Presumption …………………………                   4            Homonymous Geographical Indications for Wines …..             5 
Exclusion from Protection ............................................ 6 
Offences ........................................................................ 7 
 
Part III: Registration of Geographical Indications 
Application for Registration, Right to File Application and Representation.................................... 8 
Contents of Application ................................................ 9 
Examination, Opposition, Registration......................... 10 Right of Use .................................................................. 11 Cancellation and Rectification of Registration; Publication .................................................................... 12 
Register ......................................................................... 13 
Correction of Errors and Extension of Time................. 14 Exercise of Discretionary Powers ................................. 15 Competence of Court and Appeals ............................... 16 
 
Part IV: Special Provisions Concerning Marks;  Exceptions 
Misleading Marks ......................................................... 17 
            Marks Conflicting with a Geographical Indication              for Wines and Spirits …………………………………            18 
Exceptions Regarding Prior Users ................................ 19 
 
Part V: Regulations 
Regulations ................................................................... 20  IP/N/1/ATG/G/1 
 Page 3 
 
 
 
ANTIGUA AND BARBUDA 
 
Geographical Indications Act 2001 
 
NO     OF 2001 
 
BILL FOR  
 
AN ACT  to provide for the protection and registration of  geographical indications and related matters 
[                                  ] 
 ENACTED by the Parliament of Antigua and Barbuda as follows – 
 
 
PART I 
PRELIMINARY 
 
 
Short Title and  
Commencement    1.  This Act may be cited as the Geographical 
Indications Act 2001 and shall come into force on 
a day fixed by the Minister by  Order published in 
the Gazette . 
Interpretation    2.  In this Act, 
“Court” means the High Court; “geographical indication” means an indication which identifies a good 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 good is essentially attributable to its geographical origin; “good” means any natural or agricultural product or any product of handicraft or industry; 
“Minister” means the Minister to whom 
responsibility for intellectual property has been assigned; “Paris Convention” means the Paris Convention for the Protection of Industrial Property of March 20, 1883, as last revised; 
“producer” means— IP/N/1/ATG/G/1 
Page 4  
 
 (i)   any producer of agricultural products 
or any other person exploiting natural products; (ii)  any manufacturer of products of handicraft, or industry; and 
(iii) any trader de aling in the said 
products; 
 
“Register” means the Register of Geographical Indications  “Registrar” means the Registrar of Intellectual 
Property appointed under the Registrar of 
Intellectual Property Act 2001. 
 PART II 
PROTECTION OF GEOGRAPHICAL 
INDICATIONS 
  
Civil Proceedings 3. (1)  Any interested person and any interested 
group of producers or consumers may institute proceedings in the Court to prevent, in respect of 
geographical indication— 
 (a) the use of any means in the 
designation or presentation of a good that 
indicates or suggests that the good 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 good; 
 
(b) any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention; or 
 
 (c)  use of a geographical indication identifying 
wines for wines not originating in the place 
indicated by the geographical indication in 
question or identifying spirits for spirits not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the 
geographical indication is used in translation or 
accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like. 
 (2)  In proceedings under this section, the Court  IP/N/1/ATG/G/1 
 Page 5 
 
 
may, in addition to issuing an injunction, award 
damages and grant any other remedy or relief as it may deem fit. 
  
Availability of Protection  Regardless of Registration, Presumption 4. Protection under this Act shall be 
available— 
 (a) regardless of whether a geographical 
indication has been registered; but registration of a geographical indication 
under Part III of this Act shall, in any 
proceedings under this Act, raise a presumption that such indication is a geographical indication within the meaning of section 2; and 
(b) against a geographical indication 
which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another territory. 
  
Homonymous Geographical Indications for Wines. 5. (1) In the case of homonymous geographical 
indications for wines, protection shall be 
accorded to each indication, subject to paragraph 
(b) of Section 4.  
(2)  The Registrar, in cases of permitted concurrent use of such indications, shall 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. 
.  
Exclusion from Protection. 6. The following shall not be protected as 
geographical indications— 
 (a) indications which do not correspond to the 
definition in section 2; 
 (b) indications which are contrary to public 
order or morality; 
 (c) geographical indications which are not or 
cease to be protected in their country of origin, or which have fallen into disuse in that country. 
Offences 7. Any person who knowingly and with intent 
to deceive performs any of the acts referred to in Section 3 is guilty of an offence and is liable on summary conviction to a fine of fifty thousand 
dollars or to imprisonment for three years.  
  IP/N/1/ATG/G/1 
Page 6  
 
 
 PART III 
REGISTRATION OF GEOGRAPHICAL 
INDICATIONS 
  
Application for Registration, Right to File Application  and Representation. 8.—(1)  An application for the registration of a 
geographical indication shall be filed with the Registrar. 
 (2) The following shall have the right to file 
an application: 
 (a) natural persons or legal entities 
carrying on an activity as a producer in the geographical area specified in the application, with re spect to the goods 
specified in the application, as well as groups of such persons; and 
 
 (b) any competent authority. 
 (3) Where an applicant’s ordinary residence or 
principal place of business is outside Antigua and Barbuda, he shall be represented by an attorney-
at-law resident and practising in Antigua and 
Barbuda. 
  
Contents of Application 9. An application for the registration of a 
geographical indication shall specify— 
 (a) the name, address and nationality of the 
natural person or legal entity 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 goods for which the geographical 
indication applies; (e) the quality, reputation or other 
characteristic of the goods for which the geographical indication is used,   
  
 and shall be subject to the payment of the 
prescribed fee. 
  
Examination, Opposition, Registration 10. (1)  The Registrar shall examine the 
application to ascertain whether it complies with the requirements of sections 6 (b), 8(2) and 9 and 
the Regulations. 
  (2)  Where the Registrar finds that the 
conditions referred to in subsection (1) are fulfilled, he shall cause the application, as 
accepted, to be published in the prescribed 
manner.  IP/N/1/ATG/G/1 
 Page 7 
 
 
(3) Any interested person or competent 
authority may, within the prescribed period and in the prescribed manner, give notice to the Registrar of opposition to the registration of the geographical 
indication on the grounds that one or 
more of the requirements of sections 6, 8(2) and 9 are not fulfilled. 
(4)  The Registrar shall send a copy of such a 
notice to the applicant, and, within the 
prescribed period and in the prescribed 
manner, the applicant shall send to the Registrar a counter-statement of the grounds on which he relies for his application; if he does not do so, he shall 
be deemed to have abandoned the 
application. 
(5) If the applicant sends a counter-
statement, the Registrar shall furnish a copy thereof to the person giving notice of opposition and, after hearing the 
parties, if either or both wish to be heard, 
and considering the merits of the case, shall decide whether the geographical indication should be registered. 
 Where the Registrar finds that the conditions 
referred to in subsection (1) are 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 register the geographical indication, publish a reference to the registration and issue to the applicant a certificate of registration.  Otherwise, he shall 
refuse the application. 
  
Right of Use 11. Only producers carrying on their 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, provided that such products possess the quality, reputation or other characteristic 
specified in the Register. 
  
Cancellation and Rectification  
of Registration and Publication. 12. (1)  Any interested person or any competent 
authority may apply to the Court for— 
 (a)  the cancellation of the registration of a 
geographical indication on the ground that it does IP/N/1/ATG/G/1 
Page 8  
 
not qualify for protection as such having regard to 
section 6; or 
 (b)  the rectification of the registration of a 
geographical indication on the ground that the geographical area specified in the registration does not correspond to the geographical 
indication, or 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 request for cancellation of 
rectification – 
(a) shall be served on the person who filed the application for registration of the geographical indication or his successor in title; and 
 (b) shall, by a publication in the prescribed 
manner, be given to all pe rsons having the right to 
use the geographical indication under section 11. 
 (3) The persons referred to in subsection (2) and 
any other interested person may, within a period 
which shall be specified by the Court in the said notice and publication, apply to join in the proceedings. 
 (4) The Registrar of the Court shall notify the 
Registrar of the decision of the Court or the decision on any appeal therefrom and the Registrar shall record it and publish a reference 
thereto as soon as possible. 
  
Register 13. (1)(a)  The Registrar shall maintain a Register 
in which he shall record all matters required by 
this Act to be recorded. 
.  
 (b) The Register may be consulted by any 
person, and any person may obtain extracts 
therefrom, under the conditions prescribed in the Regulations. (2) The Registrar shall publish in the prescribed manner all the publications provided for in this 
Act. 
Correction of Errors and Extension of Time 14. (1)  The Registrar may, subject to Regulations 
made under this Act, correct any error of 
translation or transcription, clerical error or mistake in any application or document filed with the Registrar or in any matter recorded pursuant to this Act or the Regulations. 
 
(2) If the Registrar is satisfied that the circumstances justify it, he may, upon receiving a written request, extend the time for doing any act  IP/N/1/ATG/G/1 
 Page 9 
 
 
or taking any proceeding under this Act and the 
Regulations, upon notice to parties concerned and upon such terms as he may direct; and notwithstanding that the time for doing the act or taking the proceeding has expired, the Registrar 
may grant an extension of time. 
  
Exercise of Discretionary Powers 15. The Registrar shall, before exercising any 
discretionary power vested in him by this Act 
adversely to any party to a proceeding before him give that party an opportunity to be heard. 
  
Competence of Court and Appeals 16. (1)  The Court shall have jurisdiction in cases 
of dispute relating to the application of 
 this Act and in matters  which under this Act are 
to be referred to the Court. 
 (2) Any decision taken by the Registrar under 
this Act may be the subject of an appeal by any interested party before the Court and such appeal shall be filed within two months of the date of the decision. 
  
 PART IV 
SPECIAL PROVISIONS CONCERNING 
MARKS;  EXCEPTIONS 
Misleading Marks 17. The Registrar 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 goods not originating in the territory indicated, if use of the indication in the trademark for such goods in Antigua and Barbuda 
is of such a nature as to mislead the public as to 
the true place of origin. 
  
Marks Conflicting  With a Geographical Indication for  Wines and Spirits 18. The registration of a trademark for wines 
which contains or cons ists 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 Registrar on his own 
motion or at the request of an interested party, 
with respect to such wines or spirits not having this origin. 
  
Exceptions Regarding Prior Users 19. (1)  Nothing in this Act shall prevent 
continued and similar use in Antigua and Barbuda 
of a particular geographical indication of another country identifying wines or spirits in connection with goods or services by any national or 
domiciliaries of Antigua and Barbuda who have 
used that geographical indication in a continuous manner with regard to the same or related goods IP/N/1/ATG/G/1 
Page 10  
 
or services in Antigua and Barbuda either— 
 (a)for at least ten 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 trademar k, 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) a geographical indication of any 
country with respect to goods or services for which the relevant indication is identical with the term customary in common language as 
the common name for such goods 
or services in Antigua and Barbuda; or  
(b) a geographical indication of any 
other country with respect to 
products of the vine for which the 
relevant indication is identical with the customary name of a grape variety existing in Antigua and Barbuda as of January 1, 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 five years after the adverse use of the protected indication has become generally known in Antigua and Barbuda or after the date of registration of the trademark in Antigua and Barbuda, 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 An tigua and Barbuda and 
provided that the geographical indication is not used or registered in bad faith 
 (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 na me of that person’s 
predecessor in business, except where such name is used in such a manner as to mislead the public.  IP/N/1/ATG/G/1 
 Page 11 
 
 
  
(a)  PART V 
REGULATIONS 
Regulations 20.  The Minister may make Regulations 
prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.  
 
Passed the House of Representatives th is      Passed the Senate this 
                     Day of                     2001         day of          2001                                     Speaker                    President      Clerk to the House of Representa tives    Clerk to the Senate 
 
 
__________ 
 
   