Section 3: Unfair practice

3. Unfair practice (1) The use of— (a) any means in the designation or presentation of a product that indicates or suggests that the product in question originates in a geographical area, other than the true place of origin, in a manner which misleads the public as to the geographical origin of the product; (b) a geographical indication— (i) identifying wines for wines, or any such product as may be prescribed, not originating in the place indicated by the geographical indication in question; or (ii) identifying spirits for spirits, or any such product as may be prescribed, not originating in the place indicated by the geographical indication in question, even where the true origin of the products is indicated or the geographical indication is used in translation or accompanied by expressions such as “kind”, “type”, “style”, “imitation” or the like, shall be unlawful. (2) Any act referred to in subsection (1) shall amount to an act of unfair practice and may give rise to a claim in damages. (3) Any proceeding under subsection (2) shall be initiated in accordance with the Protection Against Unfair Practices (Industrial Property Rights) Act. (4) Any person may institute Court proceedings to prevent the use as described in subsection (1) and the Court may, in addition to issuing an injunction, award damages and grant any other remedy or relief as it may deem fit. [Issue 1] G9 – 2