Geographical Indications (Wine and Spirits) Registration Act 2006

Reprint as at 27 July 2017

Coat of Arms of New Zealand

Geographical Indications (Wine and Spirits) Registration Act 2006

Public Act
 
2006 No 60
Date of assent
 
21 November 2006
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
3Purpose
4Interpretation
5Act binds the Crown
6What is geographical indication?
6AWhat is enduring New Zealand geographical indication?
7What is registered geographical indication?
8Registration
9Date of registration
9ADuration of registration
10Geographical indication identical to registered geographical indication
11Geographical indication identical to customary name of grape variety
12Geographical indication identical to common name for wine or spirit
13Foreign geographical indication
13ANo registration of geographical indication if use or registration likely to be offensive
14No registration of geographical indication if identical to trade mark for identical goods or services
15No registration of geographical indication if identical to trade mark for similar goods or services
16No registration of geographical indication if similar to trade mark for identical goods or services
17No registration of geographical indication if similar to trade mark for similar goods or services
18When restrictions on registration as geographical indication do not apply in relation to trade mark
19Registrar may register homonymous geographical indication
20Registrar may impose conditions when registering homonymous geographical indication
21Restriction on use of New Zealand registered geographical indication for wine
22Restriction on use of foreign registered geographical indication for wine
23Restriction on use of New Zealand registered geographical indication for spirit
24Restriction on use of foreign registered geographical indication for spirit
25Additional rules relating to restrictions on use
26Use of certain information not use of registered geographical indication
27Wine or spirit never in New Zealand or in transit only
28Bottling pre-dating registration of registered geographical indication
29Continuous use
30Trade mark pre-dating registration of registered geographical indication
31Use of registered geographical indication in unregistered trade mark after 5 years after adverse use generally known
32Unregistered geographical indication homonymous with registered geographical indication
32AUse of words “New Zealand” to denote origin
33Breach of restriction on use of registered geographical indication is breach of Fair Trading Act 1986
34Registrar
35Registrar’s seal
35APower of Registrar to delegate
36Interested person may apply for registration of geographical indication
36ARegistrar may amend application to substitute applicant
36BRegistrar must give public notice of accepted application
36CInterested person may oppose accepted application
37Registrar must deal with application according to prescribed procedure
38Priority
39Registrar may obtain advice and consult
39AFunction of advisory committee appointed under Trade Marks Act 2002
40Hearing before exercise of Registrar’s discretion
41Conditions of use
42Register
43Public access to register
44Registrar may correct obvious errors or omissions
45Removal from register
45ANotice of proposed removal
45BInterested person may oppose proposed removal
46Alteration of register
46ANotice of proposed alteration
46BInterested person may oppose proposed alteration
46CAlteration of register concerning certain inconsistent information
47Procedure for removal or alteration
47ARenewal of registration
47BNotice of pending expiration of registration of geographical indication
47CStatus of geographical indication or trade mark removed from respective register for non-payment of renewal fee
47DRegistrar may restore expired geographical indication to register
48Appeals in relation to Registrar’s decisions
49Notice of appeal
50Hearing of appeal
51Determination of appeal
52Provisions pending determination of appeal
53When Registrar may establish geographical indications committee
54Membership of committee
55Discharge of committee or removal of member
56Proceedings of committee
57Regulations
57ARecognition of agents
57BRegistrar may refuse to recognise person as agent
57CRegistrar may award costs
57DRegistrar may require security for costs
57EMeaning of proceedings for purposes of sections 57C and 57D
58Act does not affect unregistered geographical indication
59Act does not affect Wine Act 2003
60Act does not affect joint food standards
61Act does not limit Fair Trading Act 1986
62Geographical Indications Act 1994 repealed
63Consequential amendments to Trade Marks Act 2002
64Other consequential amendments
Reprint notes