– Geographical Indications Act, 2003 (Act 659), entry into force (Gazette Notification) December 31, 2003.
– Geographical Indications Regulations, 2020 (L.I. 2414).

– Convention Establishing the World Intellectual Property Organization (WIPO), since June 12, 1976.
– Paris Convention for the Protection of Industrial Property, Stockholm Act of July 14, 1967, since September 28, 1976.
– Lusaka Agreement on the Creation of the African Regional Intellectual Property Organization (ARIPO), since February 15, 1978.
– WTO's TRIPS Agreement, since January 1, 1995.
– Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, Geneva Act, since February 3, 2022.

Definition: geographical indication means an indication which 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 goods is essentially attributable to its geographical origin. 

Availability: protection is available regardless of registration. However, registration under the Act raises a presumption that the indication is a geographical indication as defined. 

Applicants: applications for the registration of a geographical indication may be filed with the Registrar by any person or group of persons carrying on an activity as producer in the geographical area specified in the application with respect to the goods specified in the application; by a group of consumers; or by a competent authority.

Applicant not ordinarily resident or not having its principal place of business in the country: must be represented by a legal practitioner resident and practicing in the country.

Not protectable: indications which do not correspond to the definition in the Act; indications which are contrary to public order or morality; and indications which are not or cease to be protected in their country of origin or have fallen into disuse in that country.

Examination – opposition: the application is subject to examination and an opposition procedure.

Registration: where the Registrar finds that the requirements have been fulfilled and the registration of the geographical indication has not been opposed within the prescribed time or if opposed to, the opposition has been decided in the applicant's favor and no appeal has been filed within the prescribed time, the Registrar will register the geographical indication and publish a reference to the registration in the Gazette and issue a certificate of registration to the applicant.

User rights: the right to use a registered geographical indication in the course of trade, with respect to products specified in the Register, is limited to producers carrying on activity in the geographical area, provided that the products possess the quality, reputation or other characteristic specified in the Register. 

Civil proceedings: any interested person may institute proceedings in the High Court to prevent, in respect of a geographical indication, the use of any means in the designation or presentation of goods that indicates or suggests that the goods in question originate 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 goods; or to prevent any use which constitutes an act of unfair competition within the meaning of the Protection Against Unfair Competition Act, 2000 (Act 589); or to prevent the use of a geographical indication identifying wines for wines not originating in the place indicated by the geographical indication in question or identifying spirits for spirits not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as “kind”, “style”, “imitation” or the like. 

Offences: any person who knowingly performs the acts mentioned above, commits an offence and shall be liable on summary conviction to a fine not exceeding 2000 penalty units or to imprisonment for a term not exceeding two years or both.

Cancellation and rectification of registration: any interested person or competent authority may apply to the High Court for the cancellation of the registration of a geographical indication on the ground that it does not qualify for protection under the Act. A person or competent authority may also apply to the High Court for the rectification of the registration of a geographical indication on the ground that: (a) the geographical area specified in the registration does not correspond to the geographical indication; and (b) the indication of the products for which the geographical indication is used or the indication of the quality, reputation or other characteristic of the product is missing or unsatisfactory.

Special provisions concerning marks: the Registrar shall, on his own motion or at the request of an interested party, refuse or cancel the registration of a trademark which contains or consists of a geographical indication with respect to goods not originating in the territory indicated if the use of the indication in the trademark for the goods in the country is of such a nature as to mislead the public as to the true place of origin. The registration of trademarks for wines or spirits which contain or consist of a geographical indication identifying the wines or spirits shall be refused or cancelled by the Registrar on the Registrar's own motion or at the request of an interested party where the wines or spirits do not have the origin claimed.

Exceptions: they are specified in the Act and include the use of common names and the names of grape varieties existing in the country as of January 1, 1995.