Geographical Indications Law in Tonga
Tonga has established a comprehensive legal framework for the protection of Geographical Indications (GIs) through the Protection of Geographical Indications Act 2002 (No. 17 of 2002), which came into force on September 3, 2002. This Act is complemented by the Protection of Geographical Indications Regulations, which were made under section 20 of the Act and commenced on December 8, 2009.
📜 Legal Framework
Protection of Geographical Indications Act 2002: This Act provides the legal basis for the protection of GIs in Tonga. It defines a GI as an indication that identifies a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin.(WIPO)
Protection of Geographical Indications Regulations: These regulations lay down rules and procedures for the application for the registration of a GI, and prescribe fees. They also provide forms for various applications and requests related to GIs.(Ecolex)
📝 Registration Process
The registration process for a GI in Tonga involves several steps:
Application: An application for registration must be filed with the Registrar of Industrial Property. The application should specify the geographical indication, the geographical area to which it applies, the goods for which it applies, and the quality, reputation, or other characteristic of the goods
Examination: The Registrar examines whether the application complies with the requirements of the Act and the Regulations.
Publication: If the application is accepted, it is published in the Gazette.
Opposition: Any interested person may oppose the registration within three months from the date of publication.
Registration: If no opposition is filed, or if the opposition is decided in favor of the applicant, the GI is registered, and a certificate of registration is issued.
🛡️ Protection and Enforcement
Scope of Protection: Protection is available regardless of whether a GI has been registered. However, registration raises a presumption that the indication is a GI.
Civil Proceedings: Any interested person or group may institute proceedings in the Court to prevent the use of a GI that misleads the public as to the geographical origin of the goods.
Penalties: Any person who intentionally performs any act in contravention of the Act commits an offense and is liable upon conviction to a fine not exceeding T$5,000 or to imprisonment for a term not exceeding 5 years, or to both.
🌍 International Context
Tonga's GI law aligns with international standards, including the TRIPS Agreement, which requires WTO members to provide protection for GIs. Tonga has notified its GI law to the WTO under Article 63.2 of the TRIPS Agreement.
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