Section 10: Registration
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
10. Registration
(1) The Controller shall examine the application to ascertain whether it complies with the requirements of sections 8 and 9 and any prescribed regulations.
(2) Where the Controller finds that the conditions referred to in sections 8 and 9 have been fulfilled, he shall cause the application to be published in the prescribed manner.
(3) Any interested person may, within the prescribed period and in the
prescribed manner, give notice to the Controller of opposition to the registration of the geographical indication on the grounds that one or more of the
requirements of sections 6, 8 and 9 have not been fulfilled.
(4) The Controller shall send a copy of such notice of opposition to the
applicant and, within the prescribed period and in the prescribed manner, the
applicant shall send to the Controller and the opponent, a counter-statement
of the grounds on which he relies for his application.
(5) Where, after a period of one month, the applicant does not send his
counter-statement, his application shall lapse.
(6) Where the applicant sends a counter-statement, the Controller shall,
after hearing the parties, decide whether the geographical indication shall be
registered.
(7) Where the Controller finds that the conditions referred to in subsection (1) have been fulfilled, and either—
(a) the registration of the geographical indication has not been opposed within the prescribed time limit; or
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(b) the registration of the geographical indication has been opposed
and the opposition has been decided in the applicant’s favour,
he shall—
(i) register the geographical indication;
(ii) publish a reference to the registration; and
(iii) issue a certificate of registration to the applicant.