Customs

GIs Merchandise Marks under the EU/SADC EPA

The Trade and Industry Minister on 21 October announced the publication, in terms of the Merchandise Marks Act, of the Prohibition (final prohibition) on the use of certain words in connection with any trade, business, profession, or occupation or in connection with a trade mark, mark or trade description applied to goods, other than use thereof by European Union (EU).

By way of a reminder the notice was first circulated on 04 February 2014, requesting public comment on providing protection under the Merchandise Marks Act to the EU agricultural product and beer GI names listed in the Notice.

The 21 October 2016 notification prohibits the use of the EU agricultural product and beer names listed in the notice other than the use thereof by the producers of the products from the countries indicated in the notice or any party in accordance with the Rules of Use published as an annexure to the Final Notice.

The descriptions of the agricultural products and beers names as well as the Rules of Use applicable thereto relate to (i) Fruit, vegetables and cereals fresh or processed; (ii) Cheeses - Part 1; (iii) Cheeses - Part 2; (iv) Meat Products; (v) Olive oil; (vi) Fisheries Products; (vii) Beer; and (viii) Other Products.

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