Geographical Indications

– Geographical Indications Act, Revised Statutes of Anguilla Chapter G4 (Revises Act 6/2002, in force since August 12, 2002).
– Geographical Indications Regulations, Revises Regulations of Anguilla G4-1 (Revises R.A. 16/2006, in force since September 29, 2006).

Membership in International Conventions

– None.

Filing

Applicant: persons carrying on an activity as a producer in the geographical area specified in the application, with respect to the products specified in the applications, as well as groups of such persons or groups of consumers have a right to file an application with the Registrar. 

Foreigners: must be represented by a legal practitioner resident in Anguilla appointed by an authorization of agent in the prescribed form. 

Excluded from registration: indications (a) which do not meet the definition in the Act; (b) which are contrary to public order and morality; or (c) which have not, or cease to be protected in their country of origin, or have fallen into disuse in that country.

Filing requirements (the application must specify):
1. Name, address and nationality of the person making the application and the capacity in which the person is seeking registration;
2. The geographical indication for which registration is being sought;
3. The geographical area to which and the products for which the geographical indication applies;
4. The products for which the geographical indication applies;
5. The quality, reputation or other characteristic of the products for which the geographical indication is used.

Registration, Protection

Examination: by the Registrar to ascertain whether it complies with the requirements of the Act and any Regulations prior to publishing.

Objection: any interested person or competent authority may give notice to the Registrar of opposition on grounds that one or more of the specified sections of the Act are not fulfilled. The applicant has a right to file a counterstatement to be provided to the objector. After hearing the parties, the Registrar decides whether to allow registration.

Appeal: any decision of the Registrar is subject to an appeal by any interested party before the court within two months of the date of the decision. 

Protection: available, regardless of whether a geographical indication had been registered, but registration raises a presumption in any proceedings under the Act that such indication satisfies the definition under the Act.

Modification of Protection after Registration

Any interested person or competent authority may apply to the court for the cancellation of the registration of a geographical indication on the ground that it does not qualify for protection or may apply for the rectification of the registration. Notice of this request has to be served on the person who filed the application and by a publication to all persons having the right to use the geographical indication.