WORLD TRADE ORGANIZATION 
. ORGANISATION MONDIALE DU COMMERCE 
'ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/DMA/G/1 
18 June 2001 
(01-3023) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
DOMINICA 
· The present document reproduces the text1 ofthe Geographical Indications Act, Act No. 13 of 
1999, as notified by Dominica under Article 63.2 oftheAgreement (see document IP/N/l/DMA/1). 
Cons.eil 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 
DOMINIQUE 
Le present document contient le texte1 de la Loi n° 13 de 1999 sur les indications 
geographiques, notifiee par la Dominique au titre de l'article 63:2 de !'Accord (voir le document 
IP /N/1/DMA/l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LE YES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
DOMINICA 
En el presente documento se reproduce el texto1 de la Ley de Indicaciones Geograficas, Ley 
N° 13 de 1999, notificado por Dominica en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP/N/l/DMA/1). 
1 In English only ./En anglais seulement./En ingles solamente. IP/N/1 /DMA/G/l 
Page2 
1999 GEOGRAPHICAL INDICATIONS ACT 13 
COMMONWEALTH OF DOMINICA 
ARRANGEMENT OF SECTIONS· 
SECTION 
PARTI 
PRELIMINARY 
1. Short title. 
2. Interpretation. 
PART II 
PROTECTION OF GEOGRAPHICAL INDICATIONS 
3. Protection regardless of registration. 
4. Homonymous geographical indications. 
5. Exclusion from protection. 
PART III 
REGISTRATION OF GEOGRAPHICAL INDICATIONS. 
6. Applications. 
7. C~mtents of ~pplication. 
8. Examination of application. 
· 9. · 0p·position to registration. 
10. Registration of geographical indication. 
11. Right of use. 
12. Invalidation or rectification of registration. 
13. Proceedings for unlawful use of geographical indications. 
PART IV 
SPECIAL PROVISIONS CON~ERNING MARKS;. 
EXCEPTIONS 
14. Misleading marks. 
15. Marks conflicting with a ·geographical indication for· 
wines and spirits. 
16. Exceptions regarding prior users. SECTION 
17. Registr~r. 
18. Register. PARTY 
GENERAL PROVISIONS 
19. · Corfection of errors. 
to. Extension of tim·e for.:,applications. 
21. Exercise of discretionary ,pow~rs. 
22. Jurisdiction of Court. 
23. Offences. 
24. Regulations. 
2.S. Commencement. IP/N/l/DMA/G/1 
Page 3 IP/N/1/DMA/G/l 
Page 4 
26th November, 1999 I asent 
V.L. SHAW 
Pr~sident 
AN ACT TO PROVIDE FOR THE PROTECTION OF GEO-: 
GRAPHICAL INDICATIONS .AND FOR-,MATfERS 
RELATED THERETO 
(Gazetted 2nd December,1999) 
BE IT ENACTED by the Parliament of the Commonwealth of 
Dominica as follows : 
PART I 
PRELIMINARY 
1. This Act may be cited as the - . Short title. 
PROTECTION OFGEOGRAPHICALINDICATIONS.ACT 1999. 
2. In thi_s Act, unless the context otherwise requires - Interpretation. 
"Court" means the High Court; 
"geographical indication" means an indication which ident~fies any 
goods 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 goods is essentially attributable to their geo­
graphical origin; IP/N/1/DMA/G/l 
Page 5 
"goods" means any natura'l or agricultural product or any product of 
handicraft or industry; 
"Journal" means the Journal of Intellectual Property created under 
Act No~· 8 of 1999. section 5(d) of the Ratents Act, 1999; 
Protection 
regardless of 
registration. "Minister" means the Minister responsible for geographical indica­
tions; 
"Paris Convention" means the Paris Convention for the Protection 
of Industrial Property of March 20, 1 ~83, as last revised; 
"producer" means -
(i) the producer of any agricu~tural product or any other person 
exploiting natural products; 
(ii) the man_ufacturer of any product of handicraft or industry; or 
(iii) any trader dealing in the said products; 
"Register" means the Register of Geographical Indications referre_d 
to in section 18; and 
"_Registrar" means the_ Registrar .of Companies and Intellectual 
Property. 
PART II 
PROTECTION OF GEOGRAPHICAL INDICATIONS 
3. Protection unde_r this A~t shall be available -
(a) regardless of.whether or not a geographical indication has 
been registered provided, however, that the 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 
o~ginate, falsely represents to th_e public that the goods 
originate in another territory. IP/N/l/DMA/G/1 
Page 6 
4. (1) In the case of homonymous geographical indications for Homonymous 
wines, protection shall be accorded to each indication subject to indications for 
section 3 (b ). wines. 
(2) The Registrar shall, in the case of permitted concurrent 
use· of such indications, determine the practical conditions under 
which the homonymous indications in question will be differenti­
ated from each other, taking i_nto account the need to ensure 
equitable treatment of the producers concerned and that consumers 
are not misled. 
5. The following shal1 not be protected as geographical indica- Exclusion from 
tions - protection. 
(a) indications which are not geographical indications as 
defined in section 2; 
(b) indications which are contrary to public order or 
morality;_ and 
( 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. 
PART III 
REGISTRATION OF GEOGRAPHICAL INDICATIONS 
6. The following persons may file an application with the Application. 
Registrar in the prescribed form for the registration <:>fa geographi­
cal indication -
(a) any person or group of persons carrying on an activity 
, as a producer in the geographical area specified in the 
application, with respect to the goods specified in the 
application; 
(b) any group of consumers; or , 
( c) any competent authority. 
7. (1) The application shall specify - Contents of 
(a) the name, address and nationality of the person Application. 
filing the application, and the capacity in which 
the applicant is applying for registration;_ Examination 
of application. 
Opposition. to 
registration.-IP/N/1/DMA/G/l 
Page 7 
(b) the geographi~al indication for which registration 
is sought; 
( c) the ge.ographical area to which ·the geographical 
indication applies; 
( d) the goods to which the geographical indication 
applies;· and 
( e) the quality, reputation or other characteristic of the 
goods for which the geographical indication is used. 
(2) The application .. shall be accompanied by the prescribed 
application fee. 
8. (l) The Registrar shall.examine the application to determine 
whether it complies with the re.quirements of sections 5(b ), 6 and7 
and Jhe Re-gu)ations pertainiQg there!to. 
(2) Where the Registrarfinds that the requirements referred to 
in s~bsection (1) hereof are fulfilled, he shall accept the application . . 
and cause it, as accepted, ·,to ,,be published in the Journal in the 
prescribed manner. 
9. (1) Any-interested perso'n 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 geogr~phical 
indication on the ground that one or more of the requirements.of 
sections 5(b ), 6 and 7 are not fulfilled. 
(2) The Registrar shall send a copy of such notice to the 
applicant, and, ~ithin · the prescribed period and in the prescribed 
manner, the applicant shall file, with !he ~egistrar, a counter­
statement of the grounds on whi~h he relies for his application. 
(3) The applicant shall, if he does not file a counter- stateme.nt, 
be deemed to have abandoned the application. 
( 4) Where the applicant files a counter-statement, the Regis­
trar shall furnish a copy thereof to the person giving notice -of 
opposition and, after hearing the parties, if they wish to be heard, 
and considering· the merits of the case, shall decide whether the 
geographical indication should be registered. IP/N/1/DMA/G/1 
Page 8 
10. (1) Where the Registrar finds that the requirements referred to Registration ot 
in sections 5(b ), 6 and 7 are fulfilled, and -· geographical 
(a) the registration of tpe geographical indication has not 
been opposed within the prescribed tim~ 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 in the Journal, and issue to the ~pplicant a certificate 
of registration. 
(2) Where the requirements for registration have not been 
fulfilled, the Registrar shall refuse the application. indication. 
11. Only producers carrying on their activity in the geographical Right of use. 
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) The Court may, on the application of any interested per&on -Invalidation 
. · · or rectification 
( a_) invalidate the registration of a geographical indica of registration. 
tion on the ground that the geographic~} indication is 
excluded from protection under section 5; or 
(b) rectify the registration of a geographical indication 
on the ground that the geographica~ area specified in 
the registration does not correspond to the geographi­
cal indication, or that the indication of the products 
for ~hich the geogtaphical indication is used or the 
indication of the quality, reputation or other charac­
teristic of such products is missing or unsatisfactory. 
(2) In any proceedings under this section -
(a) the per~on referred to in subsection (1) shall serve 
notice of the application for in·validation or rectifica-Proceedings for 
unlawful use 
of geographical 
indication.s. IP/N/1/DMA/G/ 1 
Page 9 
· tion on the person who filed the application for 
registration of the geographical indication or his 
successor in title; and 
(b) the Registrar shall, by publishing in the Journal the 
application for invalidation or rectification, give 
notice to all persons "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 in 
the said notice and publication, apply to join in the proceedings. 
13~ Any interested person or interested group of per~ns may 
institute proceedings in the Court to prevent, in respect of any 
geographical indication -
(a) the use of any means in the designation or presenta-
tion of any goods which indicates or suggests that the 
._goods in question originate -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 goods; 
(b) any use which constitutes an act of unfair competi: 
tion within the meaning of Article 1 Ob°is of the Paris 
Convention; or 
( c) the use o.f a geographical indication identifying ~ines 
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, eve~ 
where the true origin of the goods is indicated or the 
geographical indication is used in translation or 
accompanied by expressions 5:uch as "kind", "type", 
"style", "imitation" or the like. 
(2) In proceedings under this s~ction, the Court may, in additi~n 
to issuing an injunction~. award damages and grant any other· civil 
remedy or relief as it shall consider appropriate. IP/N/1/DMA/G/l 
Page 10 
PARTIV 
SPECIAL PROVISIONS CONCERNING MARKS; 
EXCEPTIONS 
14. The Registrar shall, ex officio or at the request of any inter-Misleading marks. 
ested 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 Dominica is of such a nature as to 
mislead the public as to the true place of origin of such goods. 
15. The registration of a trademark for wines which contains or Marks conflicting 
consists of a· geographical fndication · identifying wines, or of a wit~ a ~eo~aph~ 
d k f · · h. h · · f h. I cal md1cat1on for tra emar or spmts w 1c contams or consists o a geograp 1ca . d .. . . . . . . . . . . . . wme an spmts. md1cahon 1dent1fymg spmts shall be ref!Jsed or_ mvahdated by the 
Registrar, ex offic_io or on the application of an interested party, with 
respect to such wines or spirits not having this origin .. 
16. (I) Nothing in this Act shall prevent the·continued and similar Exceptions 
use, in Dominica, of a particular geographical indication of another regarding prior 
country identifying wines or spirits in connection with ·goods or users. 
seivices by any national or domiciliary of Dominica who has used 
that geographical indication continuously with regard to the same 
or related goods or services in the territory of Dominica -
. (a) for at least ten years preceding the 15th of April, 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 -
(a) before the date of entry into force of this Act; or 
· (b) before the geograp~ical 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 traoemark, on the 
basis that _such a trademark is identical to, or similar to, a geographi­
cal indication. Registrar. 
Register. IP/N/I/DMA/G/1 
Page 11 
(3) Nothing in this Act shall apply in respect of a geographical 
indication of any country with respect to goods or seivices for which 
the relevant indication is identical to the term customary in common 
language as the common name for such goods or services in 
Dominica, 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 to the customary name of a grape variety 
existing in Dominica as of the 1st of January, 1995. 
( 4) Any application for relief mad~ under Part III of this Act 
in connection with the use or registration of a trademark shall be 
made within five years after th~ unlawful use of the protected 
indication has become generally ·known in Dominica or after the 
d~te of registrati9n ~f the trademark in Dominica, provide~ that the 
trademark has been published by that date, if such date is earlier than 
the date on which the unlawful use became generally known in 
Dominica and provided further 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 ohrade, that person" s name or the· name of that 
person's predecessor in business, except where such name js used 
in such a manner as to:mislead the public. 
PARTV 
GENERAL PROVISIONS 
17. The Registrar shall perform the functions and exercise the 
powers confe~ed.on him by this Act and any other enactment. 
18. (1) The Registrar shall maintain a Register of Geographical 
Indications i~ which he shall record ~11 matters required by this Act 
or the Regulations to be recorded. , 
(2) Any person may, upon payment of tpe prescribed fees, and 
in accordance with the prescribed conditions, consult, inspect,,m 
make a copy of, or obtain an .extract from the Register. 
~. 
(3) The Register _shall be prima facie evidence of.anything 
require.d or authorised by this Act to be registered, and :shall ,he 
admissible and sufficient evidence of ~ny such thing. IP/N/1/DMA/G/1 
Page 12 
( 4) A certificate purporting to be signed by the Registrar and 
certifying that any entry ~hich he is authorised to make by this Act 
has or has not been done, shall be J?rima f acie evidence, and shall be 
admissible and sufficient evidence of the matters so certified. 
(5) Each of the following, that is to say a ~opy of -
(a) an entry in the Register or an extract from · the 
Register which is supplied under subsection (2); 
(b) any document kept in the Companies and Intellec­
tual ~roperty Office, or an extract from. any such 
document, or any matter which has been published 
· under this Act, 
which ·is a certified ·copy or a cert1tied extract shall be admitted in 
evidence without production· of the original, and such evidence 
shall be sufficient evidence of the matters stated therein. 
(6) In this section, "certified copy" and "certified extract". 
means a copy or extract certified by the Registrar and sealed with 
his seal. 
19. (l)The Registrar may, of his own volition or upon the written Correction of 
request of any person, correct any clerical error or error of transla- errors. 
tion or transcription in any application filed under this Act, or in any 
documen~ filed in pursuance of such application, and the Registrar 
may also correct any c1erical error in the Register. 
(2) Subsection (1) shall not be construed as giving the Regis­
trar the power to correct in the Register, any application or docu­
ment in a material way. 
20. (1) Where the Registrar is satisfied_ that the circumstances Extension of time 
justify it, he may, upon receiving the written request of any for applications. 
interested person, and upon such terms as he may direct, extend the. 
time for doing any act or taking any proceedi~lg 1:1ndet this Act o·r the· 
Regulations, and shall give written notice to the parties 
concerned. Exercise of 
oiscretionary 
powers. 
Jurisdiction of 
Court. 
Offences. 
Regulations. IP/N/l/DMA/G/1 
Page 13 
(2) The extension may be granted even though the time for 
doing the act or taking the proceeding has expired. 
21. 'The Registrar shall give any party to a proceeding before him 
the opportu_nity of being heard before exercising any discretionary 
power vested in him by this Act if the exercise thereof might 
adverse I y affect that party. 
22. (l) The High Court shall have jurisdiction in cases of dispute 
relating to the application of this Act and the Regulations and in 
matters,which, under this Act, may be brought before it. 
(2) Any person who is aggrieved by a decision of the Registrar 
under this Act may, within two months of that decision, appeal to 
the Court. 
23. · ( 1) Any person who knowingly performs any act ref erred to 
in section 13 commits an offence and is liable to a fine of not less 
than fifteen thousand dollars but not more than forty thousand 
dollars, or to imprisonment for a term of not Jess than five years but 
not more than twelve years, or to both such fine and such imprison­
ment. 
(2) Any person who, knowi~g the same to be false -
(a) makes or causes to be made a false entry in the 
Register; 
(b) m~kes or causes to be made any document falsely 
purporting to be a copy of an entry in the Register; or 
( c) produces, tenders or causes to be produced in 
evidence any such entry or copy thereof, . 
commits an offence and is liable to a fine of not less than ten 
thousand dollars, but not more than thirty thousand dollars, or to 
imprisonment for a term of not l_ess than three years, bu·t not more 
than ten years, or to both such fine and such imprisonment~ 
24. The Minister may make Regulations providing for any matter 
which is to be prescribed under this Act, or for giving effect to the 
purposes of this Act. IP/N/1/DMA/G/1 
Page 14 
25. (1) This Act shall come into ~orce on such day as the Minister Commencement 
may, by Order published in the Gazette, ·appoint. 
Passed in the House of Assembly this 9th day of September, 1999. 
RUTH S~MON (MRs) 
Clerk of the House of Assembly (Ag). 