WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/1/JAMlG/2 
10 February 2005 
(05-0554) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
JAMAICA 
The present document reproduces the text! of the Protection of Geographical Indications Act, 
2004 (Act No. 5 of 2004), which was passed in Jamaica in February 2004, notified by Jamaica 
through a communication from its Delegation dated 26 January 2005. 
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 
JAMAIQUE 
Le present document contient le texte! de la Loi de 2004 sur la protection des indications 
geographiques (Loi nO 5 de 2004), qui a ete adoptee par la Jamalque en fevrier 2004, notifiee par la 
Jamalque dans une communication de sa delegation datee du 26 janvier 2005. 
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 pARRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
JAMAICA 
En el presente documento se reproduce el texto! de la Ley de Proteccion de las Indicaciones 
Geograficas, 2004 (Ley N° 5 de 2004), adoptada en Jamaica en febrero de 2004, y que este pais 
notifico mediante una comunicacion de su delegacion de fecha 26 de enero de 2005. 
1 In English only'/En anglais seulement.lEn ingles solamente. IP/N/l/JAMlG/2 
Page 2 
THE PRO)'ECTIONOFGEOGRAPHICAL INDICATIONS 
ACT, 2004 
(ActS of 2004) 
ARRANGEMENT OF SECTIONS 
P ART I-Preliminary 
_1. Short title and commencement. 
2. Interpretation. 
PART n. Protection of Geographical Indications 
3. Application to Court to prevent misleading use of geographical 
indication. 
4. Protection of geographical indication. 
5. Homonymous geographical indications. 
6. Geographical indications excluded from protection. 
7. Offences. 
P ART Ill. Registration of Geographical Indications 
8. Registrar. 
9. Application for registration. 
10. Registration. 
11. Right to use geographical indication. 
12. Rectification of Register. 
13. Cancellation of registration. 
14. Procedure under section 12 or 13. 
15. Appeal from decision of Registrar. 
16. Regulations. 
P ART IV Special Provisions Relaring to Trade Marks 
17. Misleading trademark. 
18, Trademarks conflicting with geographical indications for wines and 
spirits. 
PART V Exceptions 
19, Exceptions. JAMAICA 
[L.S.] No.5 -2004 
I assent, · IPINIl/JAM/G/2 
Page 3 
Governor-General 
;)Sit-:ro ct-~f bLc£?f 
AN ACT to Make provision forthe Protection of Geographical 
Indications and to provide for matters incidental thereto and 
connected therewith. 
[ l:~~n~:: ~:U·:-'~:t :t:~::~;::~>r ] 
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 with the authority of the same, as follows:-
P ART I-Preliminary 
1. This Act may be cited as the Protection of Geographical Indications Short title 
Act, 2004, and shall come into operation on a date to be notified by ~:~mence-
the Minister by notice published in the Gazette. men!. 
2. In this Act- Interpretation. 
"Court" means the Supreme Court; IPINIl/JAMJG/2 
Page 4 
"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 anynatural or agricultural product or any product 
of industry or handicraft; 
"interested party" includes any person who is-
( a) a producer, manufacturer or merchant, engaged in the 
production or manufacture of or trade in goods; and 
(b) established in-
(i) the locality falsely indicated as the source 
of such goods or in the region where such 
locality is situated; or 
(ii) the country so falsely indicated or in the 
country where such false indication is used; 
"producer" means-
(a) a producer of agricultural products; 
(b) a person who exploits natural products; 
(c) a manufactuer of products of industry or handicraft; 
or 
(d) a person who deals or trades in products referred to in 
paragraphs Ca), (b) and (c); 
"Registrar" means the Registrar of Industrial Property appoL.lJ.ted 
. underthe Jamaica Intellectual Property Office Act. 
PART IT. Protection o/Geographical-Indications 
Application 
to Court to 
prevent 
misleading 
use of 
geographical 
indication. 3.--(1) Any interested party may apply to the Court to prevent, in 
respect of a geographical indication-
(a) the use of any means in the designation or presentation of a 
good that indicates or suggests that the good originates in a geographical area other than the true place of origin, in a 
marmer which misleads the public as to the geographical origin 
ofthe good; or 
(b) any use which constitutes an act of unfair competition within 
the meaning of the Fair CompetitionAct; 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. 
(2) The Court may, in proceedings under this section, grant an 
injunction, award damages or grant such otherremedy as it considers 
appropriate. IPIN/1/JAM/G/2 
Page 5 
4.--(1) Protection of a geographical indication shall be available Protection 
under this Act- 0 f geographical 
(a) subject to subsection (2), whether or not the geographical 
indication is registered; 
(b) against a geographical indication which, although litera1lytrue 
as to the territory, region or locality in which the good 
originates, falsely represents to the public that the good 
. originates in another territory. 
(2) A geographical indication that is registered under section 
1 Q( 8 )( a) shall, in any proceedings under section 3, be presumed, by 
virtue of its registration, to be a geographical indication as defined in 
section 2, unless the contrary is proved. indication. 
5.--(1) Subject tc s-.;ction 4(1)(b), protection shall be accorded to Homonymous 
homonymous geographical indications which relate to wines. f~~i~~~~~~al 
(2) Where concurrent use of homonymous geographical 
indications is permitted, the Registrar shall determine the practical IPIN/l/JAM/G/2 
Page 6 
Geographical 
indications 
excluded 
from 
protection. 
Offences. 
Registrar. conditions underwhich those geographical indications shall be 
differentiated from each other, taking into account the need to ensure 
equitable treatment of the producers concemed 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 
(ii) are contrary to public order or public morality; or 
(b) geographical indications which, in their cOUIltryof origin, are 
not or have ceased to be protected or have fallen into disuse. 
7.-(1) Any person who knowingly or willfullyuses a geographical 
indication in a manner specified in section 3 (1) (a) or (c), commits an 
offence and, subject to subsection (2), is liable-
(a) on summary conviction in a Resident Magistrate's Court to 
a fine not exceeding one million dollars or to imprisonment 
for a term not exceeding twelve months or to both such fine 
and imprisonment; 
(b) on conviction before a Circuit Court to a fine or to 
imprisonment for a term not exceeding five years or to both 
such fine and imprisonment. 
(2) "Where the Court is satisfied that any benefits were derived 
by or accruing to the person convicted from the commission ofthe 
offence, the Court may order the person convicted to pay to the Crown , 
such pecuniary penalty as the Court determines to be equivalent to the 
total value of such benefits. 
P ART ill. Registration of Geographical Indications 
8.-( 1) 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. IPIN/l/JAM/G/2 
Page 7 
(2) The Registrar may correct any error of translation or 
transcription or any error contained in any application for the registration 
of a geographical indication, any document filed with him or in the 
Register. 
(3) TheRegistrar- _ 
(a) may, on receiving an application in writing and, if the 
circumstances of the case so merit, extend the time upon 
such terms as he may specify for doing any act or bringing 
any proceedings under this Act; and 
(b) . shall give notice of such extension to all the persons concerned 
with the doing ofthe act or the bringing of proceedings, 
even though the time for doing the act or bringing the 
proceedings has expired. 
(4) The Registrar shall publish in the prescribed manner a list 
of the geographical indications registered under this Act. 
9.-(1) The persons specified in subsection (2) may apply to the 
Registrar, in the prescribed manner, for registration of a geographical 
indication. 
(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 goods so specified; -
(b) any competent authority. 
(3) An application shall contain the following information­
(a) the name, address and nationality of the applicant; 
(b) the capacity in which the applicant is applying for registration; 
(c J the geographical indication for which registration is sought; 
(d) the geographical area to which the geographical indication 
applies; 
(e) the good to which the geographical indication applies; 
(f) the quality, reputation or other characteristic ofthe good in 
relation to which the geographical indication is used. 
(4) Every application shall be accompanied by the prescribed 
application fee. Application 
for 
registration. IPINIl/JAM/G/2 
Page 8 
(5) In subsection (2)(b) "competent authority" means any 
association of persons recognized in the prescribed manner. 
Registration. 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 (2) are satisfied. 
(2) The conditions referred to in subsection (1) are that­
(a) the applicant is a person referred to in section 9(2); 
Cb) the geographical indication is not excluded from protection 
byvirtue ofsection 6; and 
(c) the application-
(i) contains the information required by section 9(3); 
and 
(ii) complies with any regulation made hereunder 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 geographical 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 by 
virtue of the provisions of section 6; 
Cb) . the applicant is not entitled to apply for registration ofthe 
geographical indication; or 
(c) the information required under section 9(3) has not been 
furnished or is incorrect, . 
and the objector shall state, in relation to-
(i) paragraph Ca), the ground of exclusion; 
(ii) paragraph Cb), the reason the applicant is not 
entitled to apply forregistration; 
(ill) paragraph (c), details of the information that has 
not been furnished or is incorrect. (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 in the prescribed time; and 
(c) decide whether or notto register the geographical indication. 
(8) The Registrar shall-
(a)· 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; 
Cb) refuse to register the geographical indication if he is not so 
satisfied. 
(9) The Registrar shall publish in the Gazette and a daily 
newspaper circulating in the island, 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 an applicant does not send in a counter-statement within 
the flrescribed time in accordance with subsection (6), the applicant 
shall be deemed to have abandoned the application. . IPINIl/JAM/G/2 
Page 9 
11. Any producer carrying on an activity in a geographical area Right to use 
specified in the Register has the right, in the course oftrade, to use a geographica; 
~ indication. 
registered geographical indication ill relation to the goods so specified 
if those goods possess the quality, reputation or other characteristics 
specified in the Register. IP /NI 1/J AM/G/2 
Page 10 
Rectificalion 
of Register. 
Cancellation 
of registra­
tion. 
Procedure 
under section 
12 or 13. 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; 
(b) the indication of the good forwhich the geographical indication 
is used is missing or unsatisfactory; 
(c) the indication of the quality, reputation or other characteristic 
of the good is missing or unsatisfactory .. 
(3) 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 all interest in a geographical indication 
may request the Registrar to cancel the registration thereof on the ground 
that it does not qualify or no longer qualifies 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. 
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 indication to which the 
application relates; 
(b) notice thereof shall be given in the prescribed marmer 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 j oinedin the matter 
and such application shall be made within such period as the Registrar 
shall specify. IP/N/lIJAMlG/2 
Page 11 
15.---{l) Any person who is aggrieved by a decision of the Registrar Appeal from 
may, within two months of that decision, appeal to a Judge in decision of 
Chambers. Registrar. 
(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 may-
(i) award damages to the appellant; and 
(ii) make an order directing the Registrar to take such 
action as the Judge deems necessary. 
16. The Minister may make regulations, subject to affirmative 
resolution, 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. 
P ART 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 good 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 shall-
( a) on his own initiative; or 
(b) at the request of any interested party, 
refuse to register that trademark, or, as the case may require, revoke 
the registration thereof. 
(3) Where the Registrar-
( a) refuses to register a trademark, he shall notify the proprietor 
of the trademark of such refusal within the prescribed time; 
or 
(b) revokes a trademark, he shall cause to be published in the 
Gazette and a daily newspaper circulating in the island, a 
notice of such revocation. 
(4) 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 good 
originates, falsely represents to the public that the good originates in 
another territory. Regulations. 
Misleading 
trademark. IPIN11/JAMlG/2 
Page 12 
Trademarks 
conflicting 
with geogra­
phical 
indications 
for wines 
and spirits. 18.--{l) This section applies to -a trademark t.1.at contains or consists 
of a geographical indication which identifies VvIDes or spirits, as the case 
maybe, as originating from a territory, region or locality indicated by the 
geographical indications which is not the true place of origin of such 
wines or spirits. 
(2) The Registrar shall­
(a) on his mvn initiative; or 
(b) . at the request of an interested party, 
refuse to register that trademark or, as the case may require, revoke its 
registration. 
P ART V. Exceptions 
Exceptions. 19.--{1) Nothing in this Act shall prevent the continued and sirnilar 
use in Jamaica of a particular geographical indication of a World Trade 
Organization Member identifying wines or spirits in connection with 
goods or services produced by any citizen or resident ofJ amaica wh? 
has used that geographical indication in a continuous manner with regard 
to the same or related goods or services in J amaica-
(a) for at least ten years preceding April 15, 1994; or 
(b) in good faith at any time preceding that date. 
(2) Subsection (3) shall apply in any case where an application 
has been made for registration 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. 
(3) For the purposes of subsection (2), the provisions ofthis 
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 it is 
identical with or similar to a geographical indication. (4) The provisions ofthis Act shall not apply in respect of a 
geographical indication of a World Trade Organization Member other 
than Jamaica, as respects-
(a) goods or services forwhich the relevant indication is identical 
with the term customarily used as the common name for 
such goods and services in Jamaica; or 
(b) goods of the vine forwhich the relevant indication is identical 
with the customazyname of a grape variety existing inJ amaica 
. as ofJanuary 1, 1995. 
(5) 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 in subsection (6) are satisfied, 
be instituted within five years after the adverse use of the protected 
geographical indication has become generally known in Jamaica or after 
the date of registration of the trademark in Jamaica. 
(6) The conditions referred to in subsection (5) are that~. 
(a) the trademark is published by the date of registration 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. 
(7) 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 ofthat person's predecessor in business, except where that name 
is used in such a manner as to mislead the pUblic. IP IN/I/J AM/G/2 
Page 13 
Passed in the House of Representatives this 13th day ofJ anuary, 2004. 
MrCHAEL PEART, 
Speaker. 
Passed in the Senate this 20th day ofF ebruary, 2004, with six (6) amendments. 
SYRINGA MARSHALL-BURNETT, C.D., 
President. IP INIlIJ AM/G/2 
Page 14 
On the 24th day of February, 2004, t..~e House of Representatives agreed to the 
amendments madebytlleSeriale.··· --_. --_. . 
This printed impression has been cai-efully 
compared by me with the authenticated 
impression of the foregoing Act, and has been 
found by me to be a true and correct printed 
copy of the said Act. 
Clerk to the Houses of Parliament. MICHAEL PEART, 
. Speaker.