Section 20: Exceptions regarding prior use
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
20. Exceptions regarding prior use
(1) Nothing in this Act shall prevent the continued and similar use of a
particular geographical indication of another country identifying wines or spirits in connection with products or services, by any national or resident of
Mauritius who has used that geographical indication in a continuous manner
with regard to the same or related products or services in the territory of
Mauritius 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 registered in good faith, or
where rights to a trademark have been acquired through use in good faith
either—
(a) before the commencement of this Act; or
(b) before the geographical indication is protected in its country of
origin,
this Act shall not prejudice the registrability of or the validity of the registration of a trademark, or the right to use a trademark, 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 products or services for which the relevant
indication is identical with the term customary in common language, as the
common name for such products or services in Mauritius or in respect of a
geographical indication of any other country with respect to products of the
vine for which the relevant indication is identical with the customary name of
a grape variety existing in Mauritius as at 1 January 1995.
(4) Any request for relief made under Part II of this Act in connection
with the use or registration of a trademark shall be presented within 5 years
after the adverse use of the protected indication has become generally
known in Mauritius or after the date of registration of the trademark in Mauritius, 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 Mauritius and provided that the geographical indication is not used
or registered in bad faith.
(5) This Act shall in no way 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 manner as to
mislead the public.
G9 – 7 [Issue 1]
PART V – REGULATIONS