WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intel.lectual Property Rights IP/NllIJAM/GI1 
17 June 2002 
(02-3350) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
JAMAICA 
The present document reproduces the textl of Geographical Indications Bill, as notified by 
Jamaica under Article 63.2 of the Agreement (see document IPINllIJAMI2). 
Conseil des aspects des droits de propriete 
inteHechnelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPIDETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE VARTICLE 63:2 DE VACCORD 
JAMAIQUE 
Le present document contient le texte1 du projet de Loi sur les indications geographiques, 
notifie par la Jamaique au titre de !'article 63:2 de l'Accord (voir le document IPINI1/JAM/2). 
Consejo de los Aspectos de los Derechos de Pro pied ad 
Inteiectual rdadonados con cl Comerdo 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTKLECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
JAMAICA 
En el presente documento se reproduce el texto1 del proyecto de Ley sobre Indicaciones 
Geognificas, que Jamaica ha notificado en virtud del parrafo 2 del articulo 63 del Acuerdo (v ease el 
documento IPIN/lIJAMl2). 
1 In English only'/En anglais seulement.lEn ingles solamente. JP/Nil 
Page :2 
Short title 
and com-
mencement. 
Interpre-
tation. A BILL 
ENTITLED 
AN ACT to make provision for the Protection 
of Geographical Indications and to 
provide for matters incidental thereto 
and connected therewith. 
BE IT ENACTED by The Queen's Most Excellent Majesty, by 
and with the advice and consent of the Senate and House of 
Representatives of Jamaica and by the Authority of the same, 
as follows:-
PART I. Preliminary 
1. This Act may· be cited as the Protection of Geogra-
phical Indications Act, 2001 and shall come into operation 
on a date to be notified by the Minister by notice 
published in the Gazette. 
2. In this Act -
"Convention" means the Convention for the Protection 
of Industrial Property done at Paris on the 20th day 
of March, 1983, as last revised; 
"Court" means the Supreme Court; 
"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; 
"producer" means -
(a) a producer of agriCUltural products; 
(b) a person who exploits natural products; 
(c) a manufacturer of products of industry or 
handicraft; or Application 
to Court to 
prevent 
misleading 
use of 
geographical 
indication. IP/N/] 
Page 3 
(d) a person who deals or trade in products referred 
to in paragraphs (a), (b) and (c); 
"product" means any natural or agricultural product or 
product of industry or handicraft; 
"Registrar" means the Registrar of Industrial 
Property. 
PART II. Protection of Geographical Indications 
3. -(I) Any person, producer or group of producers or 
consumers having an interest in a geographical indication 
or a product may apply to the Court to prevent, in respect 
of that geographical indication or that product's 
geographical indication -
( a) the use of any means in the desi~nation or present­
ation of the product that indicates or suggests that 
the product 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; or 
(b) any use which constitutes an act of unfair compe-
tition within the meaning of Article lObia of the 
Convention; or 
(c) any use which identifies wines or spirits, as the 
case may be, that do not originate in the place 
indicated by the geographical indication as wines or 
spirits of that origin, even where -
(i) the true origin of those wines or spirits 
is indicated; or 
(ii) the geographical indication is used in 
translation or accompanied by such 
expressions as "kind", "type", "style", 
"imitation", "comparable to" or other 
similar expressions. fPiN/I/JAM/G/] 
Page 4 
Protection 
of geogra-
phical 
indication. 
Homonymous 
geographical 
indications. 
Geogra-
phlcal 
indica-
tions 
excluded 
from 
protec-
tion. (2) The C0urt may, in proceedings under this section, 
grant an injunction, award damages and grant such other 
remedy as it considers appropriate. 
4. -(1) Protection o.f a geographical indica'cion shall be 
available under this Act -
( a) subject to subsection (2), whether or not the 
geographical indication is registered; 
(b) against a geographical indication which, although 
literally true as to the territory, region or 
locality in which the product originates, falsely 
represents to the public that the product originates 
in another territory. 
(2) A geographical indication that is registered under 
section 10(8) (a) shall, in any proceedings under section 3, 
be presumed, by virtue of its registration, to be a geogra-
phical indication as defined in section 2, unless the 
contrary is proved. 
5. -(1) Subj ect to section 4 (1) (b) , protection shall be 
accorded to homonymous geograph,ical i'ndications. 
(2) Where concurrent use of homonymous geographical 
indications are permitted, the Registrar shall determine 
the practical conditions under which those geographical 
indications shall 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. No protection shall be available under this Act in 
respect of -
(a) indications which -
(i) do not fall within the definition of 
"geographical indication" in section 2; or 
(il) are contrary to public order or public 
morality; or Pane 5 ;::, 
(b) geographical indications which, in their country of 
origin, are not or have ceased to be protected or 
have fallen into disuse. 
Offences. 7. Any person who knowingly or wilfully uses a geogra-
phical indication in a manner specified in section 3 (1) (a) 
or (c), commits an offence and is liable on summary 
conviction in a Resident Magistrate's Court to a fine not 
exceeding one hundred thousand dollars or to imprisonment 
for a term not exceeding two years or to both such fine and 
imprisonment 
PART III. Registration of Geographical Indications 
Registrar. 8. -(1) For the, purposes of this Act there shall be a 
Registrar of Industrial Property who shall be responsible 
for the administration of this Act. 
(2) The Registrar shall keep a register to be known as 
the Register of Geographical Indications -
(a) in which shall be entered such matters as may be 
prescribed; and 
(b) which shall be open for inspection to the public 
during business hours and from which extracts may be 
obtained on payment of the prescribed fee. 
(3) The Registrar may correct any error of translation 
or transcription, any error or mistake in any application 
for the registration of a geographical indication or in any 
document filed with him or any error contained in the 
Register. 
(4) The Registrar shall publish in the prescribed 
manner a list of the geographical indications registered 
under this Act. 
Appli'ca- 9. -(1) The persons specified in subsection (2) may apply 
tion for to the Registrar, in the prescribed manner, for registra-
registr- tion of a geographical indication. 
tion. fP/NI J 
Page 6 
Regis-
tration. (2) The persons referred to in subsection (1) are -
(a} any producer or group of producers carrying on an 
activity in the geographical area specified in the 
application, with respect to the products so 
specified; 
(b) any group of consumers; 
(c) any competent authority. 
(3) An application shall contain the f9110wing 
information -
(a) the name, address and nationality of the applicant; 
(b) the capacity in which the applicant is applying for 
registration; 
(c) the geographical indication for which registration 
is sought; 
(d) the geographical area to which the geographical 
indication applies; 
(e) the product to which the geographical indication 
applies; 
(f) the quality, reputation or other characteristic of 
the product in reration to which the geographical 
indication is used. 
(4) Every application shall be accompanied by the 
prescribed application fee. 
(5) In subsection (2) (c) "competent authority" means 
any association of persons recognized by the Minister as 
representing producers. 
10. -(1) Upon receipt of an application under section 9(1), 
the Registrar shall examine the application to determine 
whether the conditions specified in subsection 
satisfied. 
(2) The conditions referred to in subsection (1) are 
that -IP/N/l 
Page 7 
(a) the applicant is a person referred to in section 
9(2) ;and 
(b) the geographical indication is not excluded from 
protection by virtue of section 6; and 
(c) the application -
(i) 
(ii) contains the information required by 
seption 9(3); and 
complies with any regulation made here­
under in relation thereto. 
(3) Where the Registrar ascertains that the conditions 
specified in subsection (2) are satisfied he shall cause the 
application to be published in the prescribed manner. 
(4) Where an application is published pursuant to 
subsection (3), a person having an interest in the geogra­
phical indication (hereinafter referred to as the objector) 
may, within the prescribed time and in the prescribed 
manner, give notice to the Registrar of his opposition to 
the registration of the geographical indication on any of 
the grounds specified in subsection (5). 
(5) The grounds referred to in subsection (4) are 
that-
(a) the geographical indication is excluded from 
protection; 
(b) the applicant is not entitled to apply for 
registration of the geographical indication; or 
(cl the information required under section 9(3) has not 
been furnished or is not correct, 
and the objector shall, in respect to paragraph (a), state 
the ground of exclusion. IP/N/1/JAMiG/I 
Page 8 
(6) The Registrar shall, on receipt of a notice under 
subsection (4), send a copy thereof to the applicant who 
shall send to the Registrar within the prescribed time and 
in the prescribed manner, a counter-statement of the grounds 
on which he relies for his application. 
(7) Where the applicant sends a counter-statement, the 
Registrar shall -
(a) furnish a copy thereof to the objector; 
(b) if requested, give the applicant and the objector 
the opportunity to be heard; and 
(c) after hearing the parties, decide whether or not to 
register the geographical indication. 
(8) The Registrar shall -
la) register a geographical indication if he is 
satisfied that the applicant has complied with 
subsection (2) and -
(i) the registration has not been opposed 
within the prescribed time; or 
(ii) where it has been so opposed, the 
opposition has been resolved in the 
applicant's favour; 
(b) refuse to register the geographical indication if he 
is not so satisfied. 
(9) The Registrar shall publish in the Gazette a 
notice of the registration of the geographical indication 
and shall issue to the applicant a certificate of 
registration in the prescribed form. 
(10) If, under sUbsection (6), an applicant does not 
send in a counter-statement within the prescribed time, the 
applicant shall be deemed to have abandoned the application. Rigl1t 
to use 
geogra­
phical 
indica-
tion. 
Rectifi­
cation 
of Regis­
ter. 
Cancella­
tion of 
registra­
tion. Page 9 
11. Any producer carrying on an activity in a geogra­
phical area specified in .the Register has the right, in the 
course of trade, to use a registered geographical indication 
in relation to, the products so specified if those products 
possess the quality, reputation or other characteristics 
specified in the Register. 
12. -(1) Any person who has an interest in a geographical 
indication may apply to the Registrar for rectification of 
the Register on any of the grounds specified in subsection 
( 2) • 
(2) The grounds referred to in subsection (1) are 
that -
(a) the geographical area specified in the Register does 
not correspond to the geographical indication; or 
(b) the indication of the product for which the 
geographical indication is used is missing or un­
satisfactory; or 
(c) the indication of the quality, reputation or other 
characteristic of the product is missing or un­
satisfactory. 
{4} The Registrar shall rectify the Register in 
relation to an application under subsection (1) if he is 
satisfied that such rectification is necessary. 
13. -(1) A person who has an interest in a geographical 
indication may request the Reg;i..strar to cancel the regis­
tration of the geographical indication on the ground that 
the geographical indication does not qualify for protection 
by virtue of the provisions of section 6. 
(2) Where the Registrar cancels the registration of a 
geographical indication under this section, he shall remove 
from the Register the entry relating thereto. lP/Nil 
Page 10 
Pro-
cedure 
under 
section 
12 or 13. 
Appeal 
from 
decision of 
Registrar. 
Regula-
tions. 14. -(1) Where an application is made under section 12 or 
13 -
(a) a copy thereof shall be served on the person who 
applied for registration of the geographical indica-
tion to which the application relates; 
(b) notice thereof shall be given in the prescribed 
manner and within the prescribed time to all 
persons, who, pursuant to section 11, have the 
right to use that geographical indication. 
(2) A person referred to in subsection' (1) (b) and any 
other interested party may apply to the Registrar to be 
joined in the matter and application shall be made within 
such period as the Registrar shall specify. 
15. -(1) Any person who is aggrieved by a decision of the 
Registrar may, within two months of that decision, appeal 
to a Judge in Chambers. 
(2) The Judge in Chambers may in relation to such 
appeal -
(a) confirm the Registrar's decision; or 
(b) revoke that decision, and in such a case the Judge 
in Chambers may -
(i) award damages to the appellant; and 
(iil make an order directing the Registrar to 
take such action as the Court deems 
necessary. 
16. The Minister may make regulations generally for the 
better carrying out of the objects and purposes of this Act 
and for any matter which is required by this Act to be 
prescribed. Misleading 
trademark. 
Trademarks 
conflicting 
with geogra-
phical 
indications 
for wines 
and spirits. IP/N/I/JAM/G/l 
Page 11 
PART IV. Special Provisions Relating to Trade Marks 
17. -(1) This section applies to a trademark that contains 
or consists of a geographical indication relating to a 
product which does not originate in the territory indicated 
by the geographical indication, if the use of the indication 
in the trademark for such product in Jamaica is of such a 
nature as to mislead the public as to the true place of 
origin. 
(2) The Registrar of Industrial Property shall -
(a) on his own initiative; or 
(b) at the request of any person interested in a trade-
mark to which this section applies, 
refuse to register that trademark, or, as the case may 
require, revoke the registration thereof. 
(3) The protection under this section shall be 
applicable against a trademark which, although the relevant 
geographical indication is literally true as to the 
territory, region or locality in which the product 
originates, falsely represents to the public that the 
product originates in another territory. 
18. -(1) This section applies to a trademark that contains 
or consists of a geographical indication which identifies 
wines or spirits, as the case may be, as originating from a 
territory, region or locality indicated by the geographical 
indication which is not the true place of origin of such 
wines or spirits. 
(2) The Registrar of Trade Marks shall -
(a) on his own initiative; or 
(b) at the request of a person interested in a trademark 
to which this section applies, 
refuse to register that trademark or, as the case may 
require, revoke its registration thereof. rp/Nil 
Page 12 
Excep-
tions. PART V. Exceptions 
19. -(I) Nothing in this Act shall prevent the continued 
and similar use in Jamaica of a particular geographical 
indication of another country identifying wines or spirits 
in connection with goods or services produced by any citizen 
or resident of Jamaica who has used that geographical 
indication in a continuous manner with regard to the same or 
related goods or services in Jamaica -
(a) for at least ten years preceding April 15, 1994; or 
(b) in good faith at any time preceding that date. 
(2) Where an application has been made for registra-
tion of a trademark or a trademark has been registered in 
good faith or rights to a trademark have been acquired 
through use in good faith -
(a) before the coming into operation of this Act; or 
(b) before the geographical indication in respect to the 
trademark is protected in its country of origin, 
the provisions of this Act shall not prejudice the 
registrability of or the validity of the registration of the 
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) The provisions of this Act shall not apply in 
respect of a geographical indication of a country other than 
Jamaica, as respects -
(a) goods or services for which the relevant indication 
is identical with the term customarily used as the 
common name for such goods and services in Jamaica; 
or 
(b) products of the vine for which the relevant 
indication is identical with the customary name of a 
grape variety existing in Jamaica as of January 1, 
1995. Page 13 
(4) Proceedings under section 3 with respect to the 
use or registration of a trademark containing or consisting 
of a geographical indication shall, if the conditions 
specified i~ subsection (5) are satisfied. be instituted 
within five years after the adverse ~se of the protected 
geographical indication has become generally known in 
Jamaica or after the date of registration of the trade-mark 
in Jamaica. 
that­
(a) (5) The conditions referred to in subsection (4) are 
the trademark is published by the date of registra­
tion referred to in that subsection, if such date is 
earlier than the date on which the adverse use 
became generally known in Jamaica; and 
(b) the geographical indication is not used or 
registered in bad faith. 
(6) The provisions of this Act shall not 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 that name is used in such a manner as 
to mislead the public. 
MEMORANDUM OF OBJECTS AND REASONS 
Certain product names are associated throughout the 
world with products of a certain nature or quality, e.g. 
"Cognac", "Sheffield", "Tequila" and "Darjeeling". These 
names can acquire a high reputation and may therefore be 
valuable commercial assets. Consequently, they are often 
exposed to misappropriation, counterfeiting or forgery and 
it is desirable to protect them nationally and inter­
nationally. lP/NIl! 
Page 14 
The term "geographical indication" was chosen by WIPO 
to describe t~e subject matter of a new treaty for the 
international protection of names and symbols which indicate 
a certain geographical origin of a given prod~ct. 
The protection of geographical indications plays an 
important role in commercial relations both nationally and 
internationally. The wrongful use of geographical indica-
tions is contrary to honest practices in industry and 
commerce, is misleading for purchasers of goods for which 
the indications are used and the persons who wrongfully use 
such indications secure an unfair advantage over their 
competitors. 
Geographical indications are applied to natural and 
agricultural products and to the products of handicraft and 
industry such as wood, sugar, fruit, wine, coffee" tea, 
tobacco, textile and woven goods. It creates goodwill among 
customers and can aS,sist immensely in export promotion. 
Three multilateral treaties administered by WIPO 
contain provisions for the protection of geographical 
indications. Among these is the Paris Convention for the 
Protection of Industrial Property to which Jamaica is a 
party. Another of relevance is the Agreement on Trade-
Related Aspects of Intellectual Property Rights (The TRIPS 
Agreement) . 
This Bill seeks to provide for a system of protection 
of geographical indications that complies with Jamaica's 
international obligations in the field of intellectual 
property. The Bill provides inter alia for -[PlN!] IJAM!GI1 
Page ]5 
(a) the protection and registration of geographical 
indications; 
(b) the power of the court to grant remedies in respect 
of the misleading use of such indications; 
(c) exclusion of certain indications from protection; 
(d) rectification of the Register and cancellation of 
registration; 
(el appeals from the Registrar's decisions; 
(f) ex.ceptions in relation to indications which were in 
continuous ~se before ~5.4.1994. 
The Bill also contains special provisions for refusing 
registration or revoking regi~tration of trademarks that 
contain or consist of geograpm~cal indications which are 
misleading. 
Phillip Pa.ulWl"ell 
Minister of Industcy, Commerce 
and Technolo9"Y