WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/TON/G/1 
5 June 2009 
 (09-2686) 
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 
 
TONGA 
  The present document reproduces the text
1 of the Protection of Geographical Indications Act, 
as notified by the Kingdom of Tonga on 21 April 2009 under Article 63.2 of the Agreement (see 
document IP/N/1/TON/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 
 
TONGA 
  Le présent document contient le texte
1 de la Loi sur la protection des indications 
géographiques, notifiée par le Royaume des Tonga  le 21 avril 2009 au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/TON/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 
 
TONGA 
  En el presente documento se reproduce el texto
1 de la Ley de Protección de las Indicaciones 
Geográficas, notificada por el Reino de Tonga el 21 de abril de 2009 de conf ormidad con el párrafo 2 
del artículo 63 del Acuerdo (véase el documento IP/N/1/TON/1). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/TON/G/1 
Page 2  
 
   
    
PROTECTION OF GEOGRAPH ICAL INDICATIONS ACT 
Arrangement of Sections 
Section 
PART I - PRELIMINARY........................................................................................................... .........4  
1 Short title and commencement................................................................................................... .4 
2 Act binds the Crown ............................................................................................................ .......4  
3 Interpretation................................................................................................................. ..............4  
PART II - PROTECTION OF GEOGRAPHICAL INDICATIONS................................................5  
4 Civil Proceedings.............................................................................................................. ..........5  
5 Scope of Protection............................................................................................................ .........5  
6 Homonymous Geographical Indications For Wines...................................................................6  
7 Exclusion from Protection ...................................................................................................... ....6 
8 Penalty ........................................................................................................................ ................6  
PART III - REGISTRATION OF GEOGRAPHICAL INDICATIONS..........................................6  
9 Application for registration................................................................................................... ......6  
10 Contents of Application ........................................................................................................ ......7  
11 Processing of application ...................................................................................................... ......7  
12 Right of use................................................................................................................... ..............8  
13 Cancellation and rectification of registration..............................................................................8  
14 Registers...................................................................................................................... ................8  
PART IV - ADMINISTRATION....................................................................................................... ...9 
15 Gazetting of publications ...................................................................................................... ......9  
16 Corrections of mistakes a nd extension of time ...........................................................................9  
17 Exercise of discre tionary powers ............................................................................................... .9 
18 Jurisdiction of the Court...................................................................................................... ........9  
19 Appeals to th e Minister........................................................................................................ .......9  
20 Regulations .................................................................................................................... .............9  
PART V - SPECIAL PROVISIONS CO NCERNING MARKS AND EXCEPTIONS .................10  
21 Misleading trademarks.......................................................................................................... ....10   IP/N/1/TON/G/1 
 Page 3 
 
 
  22 Trademarks conflicting with a geographi cal indication for wines and spirits ..........................10  
23 Exceptions regarding prior users ..............................................................................................1 0 
 IP/N/1/TON/G/1 
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PROTECTION OF GEOGRAPH ICAL INDICATIONS ACT 
 
 
AN ACT TO MAKE PROVISION FOR THE PROTECTION OF 
GEOGRAPHICAL INDICATIONSi 
 
Commencement [not in force]ii 
 
 
PART I – PRELIMINARY 
  
1 Short title and commencement 
 
(1) This Act may be cited as the Protec tion of Geographical Indications Act 2002. 
 
(2) This Act shall come into operation on a date  to be proclaimed by His Majesty in Council. 
  
2 Act binds the Crown 
 
This Act binds the Crown.  
 
3 Interpretation 
 
In this Act, unless the context otherwise requires —  
“Court ” means the Supreme Court of Tonga; 
 “geographical area ” means the territory of the country, or region or locality in that 
territory as the case may be which constitut es the geographical origin of the goods; 
 “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 produc t or any product of handicraft or 
industry; 
 “Minister ” means the Minister of Labour, Commerce and Industries; 
  IP/N/1/TON/G/1 
 Page 5 
 
 
  “producer ” means: 
 
(a) any producer of agricultural products  or any other person exploiting natural 
products; 
 (b) any manufacturer of products of handicraft, or industry; and 
 
(c) any trader dealing in the said products; 
 
“register ” means the Register of Geographical I ndications maintained under section 14; 
 
“Registrar ” means the Registrar of Industrial Property holding office in terms of 
section 37 of the Industrial Property Act.
iii 
 
 
PART II - PROTECTION OF GEOGRAPHICAL INDICATIONS 
 
 
4 Civil Proceedings 
 
Any interested person and any interested gr oup of producers or consumers may institute 
proceedings in the Court to prevent, in  respect of geographical indications — 
 
(a) the use of any means in the designation or presentation of a good that indicates or 
suggests that the good in question originat es 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 unf air competition within the meaning of the 
Protection of Unfair Competition Act; or 
 
(c) any use in 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 ma y, in addition to issuing an injunction, award 
damages and grant any other civil remedy or relief as it shall deem fit.   
5 Scope of Protection 
 
Protection under this Act shall be available:  
(a) regardless of whether a geographical i ndication has been registered provided, 
however, that registration of a geographical  indication under Part III of this Act 
shall, in any proceedings under this Act, ra ise a presumption that such indication is 
a geographical indication; and 
 IP/N/1/TON/G/1 
Page 6  
 
  (b) against a geographical indication which, although laterally 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. 
  
6 Homonymous Geographical Indications for Wines 
 
In the case of homonymous geographical indications  for wines, protection shall be accorded to 
each subject to paragraph (b) of section 5. In cases of permitted concurrent use of such 
indications, the Registrar shall determine the practical conditions unde r which the homonymous 
indications in question will be differentiated fro m each other, taking into account the need to 
ensure equitable treatment of the producers concerned and that consumers are not misled. 
  
7 Exclusion from Protection 
 
The following shall not be protected as geographical indications:  
(a) indications which do not correspond to th e definition of “geographical indication”; 
 
(b) indications which are contrary to public order or morality;  (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. 
 
 
8 Penalty 
 
Any person who intentionally performs any act in contravention of this Act commits an 
offence, and is liable upon conviction to a fine  not exceeding $5,000 or to imprisonment for a 
term not exceeding 5 years or to both.   
PART III - REGISTRATION OF GEOGRAPHICAL INDICATIONS 
  
9 Application for registration 
 
(1) The application for registration of a geogr aphical indication shall be filed with the 
Registrar. 
 
(2) Any natural person, competent authority or legal entity carrying on an activity as a 
producer in the geographical area specified in the application, with respect to the goods 
specified in the application, as well as groups of  such persons shall have the right to file 
an application. 
 
  IP/N/1/TON/G/1 
 Page 7 
 
 
  10 Contents of Application 
 
The application shall specify:  
(a) the name, address and nationality of the natural person or le gal 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 area to which the geographical indication applies; 
 (d) the goods for which the geographical indication applies; and  (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.   
11 Processing of application 
 
(1) The Registrar shall examine whether the a pplication complies with the requirements of 
Sections 7, 9(2) and 10 and the Regulations pertaining thereto. 
 
(2) 
(a) Where the Registrar finds that the cond itions referred to in subsection (1) hereof 
are fulfilled, he shall cause the applica tion, as accepted, to be published in the 
gazette. 
 (b) Any interested person or competent aut hority may, within the prescribed period 
and in the prescribed manner, give notice to the Registrar of opposition to the registration of the geographical indication on the grounds that one or more of the 
requirements of Sections 7, 9(2) and 10 are not fulfilled. 
 (c) The Registrar shall send a copy of such a notice to the applicant, and, within the 
prescribed period and in the prescribed ma nner, the applicant shall send to the 
Registrar a statement to the opposition to his application; if he does not do so, he 
shall be deemed to have abandoned the application. 
 (d) If the applicant sends a counter-stateme nt, the Registrar shall furnish a copy 
thereof to the person giving notice of oppos ition and, after hearing the parties, if 
either or both wish to be heard, and cons idering the merits of the case, shall decide 
whether the geographical indication should be registered. 
 
(3) Where the Registrar finds that the conditions  referred to in subsection (1) are fulfilled, 
and either: 
 
(a) the registration of the geographical in dication has not been opposed within the 
prescribed time limit; or 
 (b) the registration of the geographical indication has been opposed and the outcome 
has been decided in the applicant's favour, IP/N/1/TON/G/1 
Page 8  
 
   
he shall register the geographical indication,  publish a reference to the registration and 
issue to the applicant a certificate of registration. 
 
 
12 Right of use 
 
Only producers carrying on their activity in the geographical area sp ecified in the register shall 
have the right to use a registered geographical indi cation, 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. 
 
 
13 Cancellation and rectification of registration 
 
(1) Any interested person may request the Court to order: 
 
(a) the cancellation of a registration of a geographical indication on the ground that it 
does not qualify for protection as such having regard to Section 7; 
 
(b) the rectification of a registration of a geographical indication 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 i ndication 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 publication in the Gazette be  given to all persons having the right to use 
the geographical indication under Section 12. 
 
(3) The persons referred to in subsection (2) a nd any other interested person may, within a 
period which shall be specified by the Court in the said notice, apply to join in the 
proceedings. 
  
14 Registers 
 
The Registrar shall maintain a Register of Geogr aphical Indications in which all the recordings 
provided for in this Act shall be entered whic h may be consulted by any person who may obtain 
copies of any entry subject to prescribed fees and conditions.    IP/N/1/TON/G/1 
 Page 9 
 
 
  PART IV – ADMINISTRATION 
 
 
15 Gazetting of publications 
 
The Registrar shall publish in the Gazette all the publications provided for in this Act. 
  
16 Corrections of mistakes and extension of time 
 
(1) The Registrar may, subject to any provision in the regulations, correct any mistake in any 
application or document filed with his Office or  in any recording effected pursuant to this 
Act, or the regulations. 
 (2) If the Registrar is satisfied that the circ umstances 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. The extension may be granted though the time for doing the act or taking the 
proceeding has expired. 
  
17 Exercise of discretionary powers 
 
The Registrar shall give any party to a proceed ing before him an opportunity of being heard 
before exercising adversely to that party any discr etionary power vested in him by this Act or 
the regulations.   
18 Jurisdiction of the Court 
 
The Court shall have jurisdiction in resp ect of any matter arising under this Act. 
  
19 Appeals to the Minister 
 
Any decision taken by the Registrar under this Act may be the subject of an appeal to the 
Minister by any interested party and such appeal shall be filed within two months of the date of 
the decision.  
 
20 Regulations 
 
(1) The Minister may, with the consent of Ca binet, issue regulations prescribing details for 
the implementation of this Act. 
 (2) The Regulations may provide for the payment of fees in connection with applications for 
the registration of geographical indi cations and matters related thereto. 
 IP/N/1/TON/G/1 
Page 10  
 
  PART V - SPECIAL PROVISIONS CONCERNING MARKS AND 
EXCEPTIONS 
  
21 Misleading trademarks 
 
The Registrar shall, ex officio or at the request of an interested party, refuse or invalidate the 
registration of a trademark which contains or c onsists of a geographical indication with respect 
to goods not originating in the geographical area indicated, if use of the indication in the 
trademark for such goods in Tonga is of such a na ture as to mislead the public as to the true 
place of origin.   
22 Trademarks conflicting with a geographical indication for wines and spirits 
 
The registration of a trademark for wines whic h contains or consists of a geographical 
indication identifying wines or of a trademark fo r spirits which contains or consists of a 
geographical indication identifying spirits shall be  refused or invalidated by the Registrar ex 
officio or at the request of an interested party, with respect to wines or spirits not having this 
origin. 
  
23 Exceptions regarding prior users 
 
(1) Nothing in this Act shall prevent continue d and similar use in Tonga of a particular 
geographical indication of another country iden tifying wines or spirits in connection with 
goods or services by any nationals of Tonga or  persons domiciled in Tonga who have 
used that geographical indication in a conti nuous manner with regard to the same or 
related goods or services in the territory of Tonga either: 
 
(a) for at least 10 years preceding 15 April 1994; or 
 (b) in good faith preceding that date.  
(2) Where a trademark has been applied for or re gistered 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 prot ected in its country of origin, this Act 
shall not prejudice the registration of or the validity of the registration of a trademark, or the right to use a trademar k, 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 th e relevant indication is identical with the 
term customary in common language as the common name for such goods or services in 
Tonga or in respect of a geographical indica tion of any other country with respect to 
products of the wine for which the relevant indication is identical with the customary 
name of a grape variety existing in Tonga as of January 1, 1995.  IP/N/1/TON/G/1 
 Page 11 
 
 
   
(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 Tonga or after the date of 
registration of the trademark in Tonga, 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 Tonga and provided that the geographical indication is not used or 
registered in bad faith. 
 
(5) 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 such 
name is used in such a ma nner as to mislead the public. 
  
__________  
 
  
                                                     
 
 
ENDNOTES 
i Act 17 of 2002 
ii As at the date of preparation of this editio n, this Act had not been brought into force: 
iii Cap. 40.16