WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/lITTO/G/l 
28 March 2000 
(00-1248) 
Original: English/ 
anglais/ 
ingIes 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
TRINIDAD AND TOBAGO 
The present document reproduces the textl of the Geographical Indications Act 1996, as 
notified by Trinidad and Tobago under Article 63.2 of the Agreement (see document IP/N/lITTOIl). 
Conseil des aspects des droits de propriete 
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 
TRINITE- ET-TOBAGO 
Le present document contient le textel de la Loi de 1996 sur les indications geographiques, 
notifiee par la Trinite-et-Tobago au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/I/TTO/l ). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PA.RRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
TRINIDAD Y TABAGO 
En el presente documento se reproduce el textol de la Ley de Indicaciones Geognificas, 1996, 
notificado por Trinidad y Tabago en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP/NIlITTO/l). 
1 In English only'/En anglais seulement.lEn ingies soiamente. IP/NIlITTO/GI 1 
Page 2 
THE GEOGRAPHICAL INDICATIONS ACT, 1996 
Arrangement of Sections 
Sections 
PART I 
PRELIMINARY 
1. Short title and commencement 
2. Interpretation 
PARTII 
PROTECTION OF GEOGRAPHICAL INDICATIONS 
3. Civil proceedings 
4. Availability of protection regardless of registration; 
presumption 
5. Homonymous geographical indications for wines 
6. Exclusion from protection 
7. Offences 
PART III 
REGISTRATION OF GEOGRAPHICAL INDICATIONS 
8. Application for registration; right to file application; 
representation 
9. Contents of application 
10. Examination; opposition; registration 
11. Right of use 
12. Cancellation and rectification of registration; publication 
13. Register; pUblication 
14. Correction of errors; extension of time 
15. Exercise of discretionary powers 
16. Competence of Court; appeals PART IV 
SPECIAL PROVISIONS CONCERNING MARKS; EXCEPTIONS 
17. Misleading marks IP/N/1/TTO/GIl 
Page 3 
18. Marks conflicting with a geographical indication for wines 
and spirits 
19. Exceptions regarding prior users 
PART V 
REGULATIONS 
20. Regulations IP/NIlITTO/GI 1 
Page 4 
First Session Fifth Parliament Republic of Trinidad 
and Tobago 
REPUBLIC OF TRINIDAD AND TOBAGO 
Act No. 20 of 1996 
[L.S.] 
AN ACT to provide for the protection of geographical 
indications and related matters 
[Assented to 2nd August, 1996] 
ENACTED by the Parliament of Trinidad and Tobago as Enactment 
follows:-
pART I 
PRELIMINARY 
1. (1) This Act may be cited as the GeographicalShorttitleand 
Indications Act, 1996. commencement Interpretation IP/N/1/TTO/GIl 
Page 5 
(2) This Act shall come into force on a date to be 
flxed by the President by Proclamation. 
2. In this Act-
"Controller" means the Controller of the 
Intellectual Property Office appointed 
under section 3 of the Patents Act and any 
reference to the Controller shall be 
construed as including a reference to any 
officer discharging the functions of ~he 
Controller; 
"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 legal affairs has been 
assigned; 
"Paris Convention" means the Paris 
Convention for the Protection of Industrial 
Property of March 20, 1883, as last 
revised; 
"producer" means-
(i) any producer of agricultural 
products or any other person 
exploiting natural products; 
CH) any manufacturer of products of 
handicraft, or industry; and IP/N/1/TTO/GIl 
Page 6 
(iii) any trader dealing in the said 
products; 
"Register" means the Register of Geographical 
Indications. 
PARTII 
PROTECTION OF GEOGRAPHICAL INDICATIONS 
3. Any interested person and any interested group of Civil proceeding!> 
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 
10 bis 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 " . , 
and in proceedings under this section, the Court may, 
in addition to issuing an injunction, award damages 
and grant any other remedy or relief as. it may deem fit. 
4. Protection under this Act shall be available--· Availability of 
protection regardless 
(a) regardless of whether a geographical ofregistr~tion; . d' . . h b . d h presumption In IcatlOn as een reglstere; owever, 
registration of a geographical indication Homonymous . 
geographical 
indications for 
wines· 
Exclusion from 
protection 
Offences IP/N/1/TTO/GIl 
Page 7 
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. 
5. In the case of homonymous geographical 
indications for wines, protection shall be accorded to 
each indication, subject to paragraph (b) of section 4. 
The Controller, in cases of permitted concurrent use of 
such indications, shall determine the practical 
conditions under which the homonymous indications in 
I question will be differentiated froni each other, taking 
into account the need to ensure equitable treatment of 
the producers concerned and that consumers are not 
misled. 
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; 
(e)" geographical indications which are not or 
cease to be protected in their country of 
origin, or which have fallen into disuse in 
that country. 
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 eight thousand dollars and to 
imprisonment for three years. IP/NIlITTO/GIl 
Page 8 
PART III 
REGISTRATION OF GEOGRAPHICAL INDICATIONS 
8. (1) An application for the registration of aAp~licati.onfo~ 
h· I· d· t· h 11 b f·l d . h h registration; right to geograp lca In Ica Ion s a e I e WIt. t e file application; 
Controller. representation 
(2) The following shall have the right to file an 
application: 
(a) persons carrying on an activity as a 
producer in the geographical area specified 
inthe'application, with respect to the goods 
specified in, the "application, as well as 
groups of such persons; 
(b) groups of consumers; and 
(c) any competent authority. 
(3) Where an applicant's ordinary residence or 
principal place of business is outside Trinidad and 
Tobago, he shall be represented by an attorney-at-law 
resident and practising in Trinidad and Tobago. 
9. An application for the registration of a Contents of 
geographical indication shall specify- application 
(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; 
opposi tion; 
registration IP/N/1/TTO/G/l 
Page 9 
10. (1) The Controller shall examine the application 
to ascertain whether it complies 'With the requirements 
of sections 6(b), 8 and 9 and the Regulations pertaining 
thereto. 
(2) (a) Where the Controller finds that the 
conditions referred to in subsection (1) hereof are 
fulfilled, he shall cause the application, as accepted, to 
be published in the prescribed manner. 
(b) Any interested person or competent 
authority in ay, within the prescribed period and in the 
pr~scribed 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 are not fulfilled. 
(e) The Controller 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 Controller 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. 
(d) If the applicant sends a counter­
statement, the Controller 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. 
(3) Where the Controller 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 
opposi tion has been decided in the IP/N/lITTO/G/I 
Page 10 
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. 
11. Only producers carrying on their activity in theRightofuse 
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. 
12. (1) Any interested person or any competentcan~lla~ionand . rectification of authonty may apply to the Court for- registration; 
(a) the cancellation of the registration of a publication 
geographical indication on the ground that 
it does not qualify for protection as such 
having regard to section 6; or 
(b) the rectification of the registration of an 
appellation of origin 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 the request for cancellation or 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 pubHcation in the prescribed 
manner, be given to all persons having the 
right to use the geographical indication 
under section 11. Register; publication 
Co~tion of errors; 
~xtension of time IP/N/l/TTO/GIl 
Page 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 
Controller of the decision of the Court or the decision 
on any appeal therefrom and the Controller shall 
record it and publish a reference thereto as soon as 
possible. 
13. (1) (aJ The Controller 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 Controller shall publish in the prescribed 
manner all the publications provided for in this Act. 
14. (1) The Controller may, subject to Regulations 
\ made under this Act, correct any error of translatiori or 
transcription, clerical error or mistake in any 
application or document filed with the Controller or in 
any matter recorded pursuant to this Act or the 
Regulations. 
(2) If the Controller is satisfied that the 
circumstances justify it, he may, upon receiving a 
written request, extend the time for doing any act or 
taking any proceeding under this Act and the 
Regulations, upon notice to parties concerned and upon 
such terms as he may direct. Notwithstanding that the 
time for doing the Act or taking the proceeding has 
expired, the Controller may grant an extension of time. 
E~erci~of 15. The Controller shall, before exercisIng any discretionary powers.. .• \ discretlOnary power vested In him by this Act adyersely 
to any party to a proceeding before him give that\party 
an opportunity to be heard. IP/N/lITTO/G/1 
Page 12 
16. (1) The Court shall have jurisdiction in cases of Competence of Court; 
dispute relating to the application of this Act and in appeals 
matters which under this Act are to be referred to the 
Court. 
(2) Any decision taken by the Controller 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 
17. The Controller shall, on his own motion or at the Misleading marks 
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 Trinidad 
and Tobago is of such a nature as to mislead the public 
as to the true place of origin. 
18. The registration of a trademark for wines which Marks conflicting . . f h· l· d· . with a geographical contaIns or consIsts 0 a geograp Ica In ICatIOnindicationforwines 
identifying wines or of a trademark for spirits which and spirits 
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. 
19. (1) Nothing in this Act shall prevent continuedE~ceptionsregarding 
and similar use of a particular geographical indication prior users 
of another country identifying wines or spirits in 
connection with goods or services by any of its nationals 
or domiciliaries who have used that geographical IP/N/lITTO/GIl 
Page 13 
indication in a continuous manner with regard to the 
same or related goods or services in the territory of that 
country 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 
protect~d 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 
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 
Trinidad and Tobago or in respect of 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 
Trinidad and Tobago 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 Trinidad and Tobago or after the 
date of registration of the trademark in Trinidad and 
Tobago, 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 Trinidad and Tobago and provided that the geographical 
indication is not used or registered in bad faith. IPIN/1ITTOIGI 1 
Page 14 
(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'E; predecessor in 
business, except where such name is used in such a 
manner as to mislead the public. 
PART V 
REGULATIONS 
20. The Minis~er may make Regulations prescribing Regulations 
all matters that are require~ or pe"rmitted by this Act to 
be prescribed, or are necessary or convenient to be 
prescribed for giving effect to the purposes of this Act. 
Passed in the House of Representatives this 9th day 
of July, 1996. 
J. SAMPSON 
Clerk of the House 
Passed in the Senate this 12th day of July, 1996. 
N. COX 
Clerk of the Senate 