IP/N/1/VUT/G/1
22 October 2014
(14-6097)  Page: 1/6
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 
VANUATU  
The present document reproduces the text1 of the Geographical Indications (Wine) Act No. 53 
of 2000, as notified by Vanuatu on 18 February  2014 under Article 63.2 of the Agreement (see 
document IP/N/1/VUT/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 
 
V
ANUATU  
Le présent document contient le texte1 de la Loi n° 53 de 2000 sur les indications géographiques 
(vin), notifiée par le Vanuatu le 18 février 2014 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/VUT/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 
VANUATU  
En el presente documento se reproduce el texto1 de la Ley de Indicaciones Geográficas (Vino) 
Nº 53, de 2000, notificado por Vanuatu el 18 de febrero de 2014 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/VUT/1). 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/VUT/G/1 
 
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  Geographical Indications (Wine) Act 2000  
Commencement: 3 May 2004  
REPUBLIC OF VANUATU  
GEOGRAPHICAL  INDICATIONS (WINE) ACT  
NO. 53 OF  2000  
Arrangement of sections 
 
1. Interpretation 2. Meaning of "description and presentation" 3. Where wine originates 4. Sale, export or import of wine with  a false description and presentation 
5. Meaning of "false desc ription and presentation" 
6. Sale, export or import of wine with a misleading description and presentation 
7. Meaning of "misleading de scription and presentation" 
8. Exception for certain wines in transit 9. Remedies 10. Commencement 
------------- ------------- ----------- 
REPUBLIC OF VANUATU  
  
Assent: 29 December 2000 
Commencement: 3 May 2004  
 
 
GEOGRAPHICAL INDICATIONS (WINE) ACT 
NO. 53 OF 2000 
  An Act to control the use of false or misleading geographical indications for the origin of wine.  
 
Be it enacted by the President and parliament as follows -   
 
INTERPRETATION  
 
1. In this Act, unless the contrary intention appears: 
 "Court" means the Supreme Court;  
"geographical indication", for wine, means: 
 (a) a word or expression used in the description and presentation of the wine to show the country, 
region or locality where the wine originated; or 
 IP/N/1/VUT/G/1 
 
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  (b) a word or expression used in the description and presentation of the wine to suggest that the 
wine has a particular quality, reputation or characteristic because it originated in the country, region or locality indicated by the word or expression;  
"sell" includes offer, expo se or advertise for sale; 
 "traditional expression", for wine, means a word or expression used in the description and 
presentation of the wine to refer to the method of production, or to the quality, colour or type, of 
the wine;  "wine" means an alcoholic beverage produced by the complete or partial fermentation of fresh 
grapes or products derived solely from fresh grapes, or both. 
  
MEANING OF "DESCRIPTION AND PRESENTATION"  
 2. In this Act, a reference to the description and presentation with which wine is sold, exported or 
imported is a reference to all names (including business names) or other descriptions, references 
(including addresses), signs, designs and trade marks used to distinguish the wine and appearing:  (a) on the container (including on the device used to seal the container or on a label affixed to the 
container), on any tag attached to the container or, if the container is a bottle, on the sheathing 
covering the neck of the bottle; or  
(b) on protective wrappings (such as papers and straw envelopes of all kinds), cartons and cases 
used in the packaging of the wine or the transport of the wine; or  
(c) in documents relating to the transport of the wine or in other commercial documents (for 
example, invoices or delivery notes) relating  to the sale or transport of the wine; or 
 (d) in advertisements relating to the wine. 
 
 WHERE WINE ORIGINATES  
 
3. For the purposes of this Act:  
(a) a wine is taken to have originated in a foreign country or Vanuatu only if the wine is made 
within the territory of that country or of Vanuatu, as the case may be; and  (b) a wine is taken to have originated in a particular region or locality of a foreign country or of 
Vanuatu only if the wine is made from gr apes grown in that region or locality. 
  
SALE, EXPORT OR IMPORT OF WINE WITH  A FALSE DESCRIPTION AND PRESENTATION  
 4. (1) A person must not, in trade or commerce,  knowingly sell wine with a false description and 
presentation. 
 (2) A person must not, in trade or commerce, knowingly export wine with a false description and presentation. 
 
(3) A person must not, in trade or commerce, knowingly import wine with a false description and presentation. 
 
(4) It is not a defence to a prosecution for an offence against subsection (1), (2) or (3) that the description and presentation showed the country, re gion or locality, as the case may be, where the 
wine originated.  
 Maximum Penalty: Imprisonment for 2 years or a fine of VT 1 million, or both.  
 
 IP/N/1/VUT/G/1 
 
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  MEANING OF "FALSE DESCRIPTION AND PRESENTATION"  
 5. (1) Subject to this section, the description and presentation of wine is false if:  
(a) it includes the name of a country, or any other indication that the wine originated in a 
particular country, and the wine did not originate in that country; or  
(b) it includes a traditional expression and the wine did not originate in a country, region or locality 
to which the expression relates.  (2) Subsection (1) does not limit what, apart from that subsection, is a false description and 
presentation of wine. 
 (3) A geographical indication or a traditional expression is taken to be included in the description 
and presentation of wine even if the indication or expression is accompanied by another word or 
expression such as "kind", "type", "style", "imitati on" or "method", or a similar word or expression 
 
(4) If: 
 (a) the description and presentation of wine includ es a word or expression that is a geographical 
indication, or a traditional expression, in relation to a country, region or locality; and 
 
(b) the wine originated in that country, region or locality; and  
(c) the description and presentation indicates that the wine originated in that country, region or 
locality;  
the description and presentation is not false merely because the word or expression included in the 
description and presentation is also a geographical indication, or a traditional expression, in relation to another country, region or locality.   
(5) The description and presentation of wine is not false merely because it includes: 
 (a) the name of an individual who manufactured, sold, exported or imported the wine; or 
 
(b) if an individual who manufactured, sold, exported or imported the wine lawfully carries on business under the name of another individual wh o previously carried on the business - the name 
of that other individual; or 
 (c) the address of the winery where the wine was manufactured.  
 
S A L E ,  E X P O R T  O R  I M P O R T  O F  W I N E  W I T H  A  M I S L E A D I N G  D E S C R I P T I O N  A N D  PRESENTATION  
 
6. (1) A person must not, in trade or commerce, knowingly sell wine with a misleading description and presentation.  
 
(2) A person must not, in trade or commerce, knowingly export wine with a misleading description and presentation.   
(3) A person must not, in trade or commerce, knowingly import wine with a misleading description 
and presentation.   
Maximum Penalty: Imprisonment for 2 years or a fine of VT 1 million, or both. 
  
MEANING OF "MISLEADING DESC RIPTION AND PRESENTATION"  
 7. (1) Subject to subsection (5), the description  and presentation of wine is misleading if: 
 
(a) it includes a geographical indication or a traditional expression; and IP/N/1/VUT/G/1 
 
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  (b) the indication or expression is used in such a way in the description and presentation as to be 
likely to mislead as to the country, region or locality in which the wine originated.  (2) Subject to subsection (5), the description and presentation of wine is misleading if: 
 
(a) it includes a translation of a geographical indication or a traditional expression; and  
(b) the inclusion of the translation is likely to mislead as to the country, region or locality where 
the wine originated.  (3) The description and presentation of wine is misleading if: 
 
(a) it includes:  
(i) the name of an individual who manufactur ed, sold, exported or imported the wine; or 
 (ii) if an individual who manufactured, sold, exported or imported the wine lawfully carried on 
business under the name of another individual wh o previously carried on the business - the name 
of that other individual; or  (iii) the name or address of the winery where the wine was manufactured; and 
 
(b) the name or address is used in such a way in the description and presentation as to be likely to mislead as to the country, region or locality where the wine originated. 
 
(4) Subsections (1), (2) and (3) do not limit what , apart from those subsections, is a misleading 
description and presentation of wine. 
 
(5) If:  (a) the description and presentation of wine includes a word or expression that: 
 
(i) is a geographical indication, or a traditional expression, in relation to a country, region or locality; or 
 
(ii) is a translation of an indication or expression referred to in subparagraph (i); or 
 
(iii) resembles an indication or expression referred to in subparagraph (i); and 
 (b) the wine originated in that country, region or locality; and  
(c) the description and presentation shows that the wine originated in that country, region or 
locality;  
the description and presentation is not misleading merely because the indication or expression 
referred to in subparagraph (a)(i) is also an indication or expression in relation to another country, region or locality.  
 
 EXCEPTION FOR WINES IN TRANSIT  
 
8. Sections 4 and 6 do not apply to wines that are in transit through Vanuatu. 
  
REMEDIES  
 9. (1) If a person has engaged, is engaging or proposes to engage in any conduct in contravention 
of this Act, the Court may grant an injunction: 
 (a) restraining the person from engaging in the conduct; and  
(b) if the Court thinks it desirable to do so - requiring the person to do a particular act. IP/N/1/VUT/G/1 
 
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(2) An application for an injunction may be made by, or on behalf of, any person aggrieved by the 
conduct.  
(3) The Court may also make an order awarding damages if it considers it appropriate to do so. 
 (4) The Court has jurisdiction to hear and determine matters under this Act. 
 
COMMENCEMENT  
 10. This Act commences on the day on which it is published in the Gazette. 
 
 
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