- Contents
- 1 Title
- 2 Commencement
- Part 1 Preliminary provisions
- Part 2 Registered geographical indications
- Nature of registered geographical indication
- Registration
- Restrictions on registration
- 10 Geographical indication identical to registered geographical indication
- 11 Geographical indication identical to customary name of grape variety
- 12 Geographical indication identical to common name for wine or spirit
- 13 Foreign geographical indication
- 14 No registration of geographical indication if identical to trade mark for identical goods or services
- 15 No registration of geographical indication if identical to trade mark for similar goods or services
- 16 No registration of geographical indication if similar to trade mark for identical goods or services
- 17 No registration of geographical indication if similar to trade mark for similar goods or services
- 18 When restrictions on registration as geographical indication do not apply in relation to trade mark
- Registration of homonymous geographical indication
- Restrictions on use of registered geographical indications
- 21 Restriction on use of New Zealand registered geographical indication for wine
- 22 Restriction on use of foreign registered geographical indication for wine
- 23 Restriction on use of New Zealand registered geographical indication for spirit
- 24 Restriction on use of foreign registered geographical indication for spirit
- 25 Additional rules relating to restrictions on use
- 26 Use of certain information not use of registered geographical indication
- When restrictions on use of registered geographical indication do not apply
- 27 Wine or spirit never in New Zealand or in transit only
- 28 Bottling predatingregistration of registered geographical indication
- 29 Continuous use
- 30 Trade mark predatingregistration of registeredgeographical indication
- 31 Use of registered geographical indication in unregistered trade mark after 5 years after adverse use generally known
- 32 Unregistered geographical indication homonymous with registered geographical indication
- Effect of breach of restriction
- Registrar
- 34 Registrar
- 35 Registrar’s seal
- Process of registration
- 36 Interested person may apply for registration of geographical indication
- 37 Registrar must deal with application according to prescribed procedure
- 38 Priority
- 39 Registrar may obtain advice and consult
- 40 Hearing before exercise of Registrar’s discretion
- 41 Conditions of use
- Register of registered geographical indications
- Appeals
- Geographical indications committees
- Miscellaneous
- 57 Regulations
- 58 Act does not affect unregistered geographical indication
- 59 Act does not affect Wine Act 2003
- 60 Act does not affect New Zealand (Australia New Zealand Food Standards Code) Food Standards 2002
- 61 Act does not limit Fair Trading Act 1986
- 62 Geographical Indications Act 1994 repealed
- 63 Trade Marks Act 2002 amended
- 64 Other consequential amendments
- Notes
Reprint as at 14 April 2008
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 section 17C of the Acts and Regulations Publication Act 1989
have been made in this reprint. Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
The Geographical Indications (Wine and Spirits) Registration Act 2006 isadministered by the Ministry of Economic Development. When restrictions on use of registered geographical indication do not apply
27 Wine or spirit never in New Zealand or in transit only 15 28 Bottling predating registration of registered geographical 15 indication 29 Continuous use 16 30 Trade mark predating registration of registered 16 geographical indication 31 Use of registered geographical indication in unregistered 17 trademarkafter5yearsafteradverseusegenerallyknown 32 Unregistered geographical indication homonymous with 17 registered geographical indication
Effect of breach of restriction
33 Breach of restriction on use of registered geographical 17 indication is breach of Fair Trading Act 1986
34 Registrar 17 35 Registrar’s seal 18
36 Interested person may apply for registration of 18 geographical indication 37 Registrar must deal with application according to 18 prescribed procedure 38 Priority 18 39 Registrar may obtain advice and consult 19 40 Hearing before exercise of Registrar’s discretion 19 41 Conditions of use 19
Register of registered geographical indications
42 Register 19 43 Public access to register 20 44 Registrar may correct obvious errors or omissions 20 45 Removal from register 21 46 Alteration of register 21 47 Procedure for removal or alteration 21
48 Appeals in relation to Registrar’s decisions 22 49 Notice of appeal 22 50 Hearing of appeal 22 51 Determination of appeal 22 52 Provisions pending determination of appeal 23
Geographical indications committees
53 When Registrar may establish geographical indications 23 committee 54 Membership of committee 24 55 Discharge of committee or removal of member 24 56 Proceedings of committee 24
57 Regulations 25 58 Actdoesnotaffectunregisteredgeographicalindication 26 59 Act does not affect Wine Act 2003 26 60 Act does not affect New Zealand (Australia New Zealand 26 Food Standards Code) Food Standards 2002 61 Act does not limit Fair Trading Act 1986 26 62 Geographical Indications Act 1994 repealed 26 63 Trade Marks Act 2002 amended 26 20 Trade mark that contains registered geographical 27 indication must not be registered 98A No infringement through use of registered 27 geographical indication 64 Other consequential amendments 28
1 Title This Act is the Geographical Indications (Wine and Spirits) Registration Act 2006.
2 Commencement
(1) This Act comes into force on a date to be appointed by the GovernorGeneral by Order in Council.
(2) One or more Orders in Council may be made appointing different dates for the commencement of different provisions. Section 2(1): section 62 brought into force, on 14 April 2008, by clause 2 of the Geographical Indications Act 1994 Repeal Order 2008 (SR 2008/64).
Part 1 Preliminary provisions
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989
have been made in this reprint. Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
The Geographical Indications (Wine and Spirits) Registration Act 2006 isadministered by the Ministry of Economic Development. When restrictions on use of registered geographical indication do not apply
27 Wine or spirit never in New Zealand or in transit only 15 28 Bottling predating registration of registered geographical 15 indication 29 Continuous use 16 30 Trade mark predating registration of registered 16 geographical indication 31 Use of registered geographical indication in unregistered 17 trademarkafter5yearsafteradverseusegenerallyknown 32 Unregistered geographical indication homonymous with 17 registered geographical indication
Effect of breach of restriction
33 Breach of restriction on use of registered geographical 17 indication is breach of Fair Trading Act 1986
34 Registrar 17 35 Registrar’s seal 18
36 Interested person may apply for registration of 18 geographical indication 37 Registrar must deal with application according to 18 prescribed procedure 38 Priority 18 39 Registrar may obtain advice and consult 19 40 Hearing before exercise of Registrar’s discretion 19 41 Conditions of use 19
Register of registered geographical indications
42 Register 19 43 Public access to register 20 44 Registrar may correct obvious errors or omissions 20 45 Removal from register 21 46 Alteration of register 21 47 Procedure for removal or alteration 21
48 Appeals in relation to Registrar’s decisions 22 49 Notice of appeal 22 50 Hearing of appeal 22 51 Determination of appeal 22 52 Provisions pending determination of appeal 23
Geographical indications committees
53 When Registrar may establish geographical indications 23 committee 54 Membership of committee 24 55 Discharge of committee or removal of member 24 56 Proceedings of committee 24
57 Regulations 25 58 Actdoesnotaffectunregisteredgeographicalindication 26 59 Act does not affect Wine Act 2003 26 60 Act does not affect New Zealand (Australia New Zealand 26 Food Standards Code) Food Standards 2002 61 Act does not limit Fair Trading Act 1986 26 62 Geographical Indications Act 1994 repealed 26 63 Trade Marks Act 2002 amended 26 20 Trade mark that contains registered geographical 27 indication must not be registered 98A No infringement through use of registered 27 geographical indication 64 Other consequential amendments 28
1 Title This Act is the Geographical Indications (Wine and Spirits) Registration Act 2006.
(1) This Act comes into force on a date to be appointed by the GovernorGeneral by Order in Council.
(2) One or more Orders in Council may be made appointing different dates for the commencement of different provisions. Section 2(1): section 62 brought into force, on 14 April 2008, by clause 2 of the Geographical Indications Act 1994 Repeal Order 2008 (SR 2008/64).
Part 1 Preliminary provisions
2 Commencement