This Amendment Paper amends the European Union Free Trade Agreement Legislation Amendment Bill.

Clause 84, new section 59, which relates to the date of registration of EU FTA geographical indications, is replaced to clarify that the deemed date of registration of an EU FTA registered geographical indication that is changed is the date on which the Registrar gives public notice of the proposed change to registration.

Schedule 2, which sets out consequential amendments to other legislation, is amended with respect to the Trade Marks Act 2002. New section 20(1)(c) of that Act is replaced to provide that the Commissioner of Trade Marks must not register a trade mark if the Registrar has given public notice of the proposed registration or change to registration of an EU FTA geographical indication and—

• the trade mark contains the geographical indication that is the subject of the proposed registration or change to registration; and

• the trade mark relates to a wine, spirit, or other good that does not originate in the place of origin to which the geographical indication relates; and

• the use of the trade mark is likely to deceive or confuse; and

• if the geographical indication is registered or changed, the deemed date of registration in respect of the geographical indication is earlier than the deemed date of registration of the trade mark (if registered).