9. Insertion of new Chapters XXXIIIA, XXXIIIB, XXXIIIC, XXXIIID and XXXIIIE in the principal enactment

The following new Chapters are hereby inserted immediately after section 161E in the principal enactment and shall have effect as Chapters XXXIIIA, XXXIIIB,

XXXIIIC, XXXIIID and XXXIIIE of that enactment:-

“CHAPTER XXXIIIA

ISSUE OF CERTIFICATE OF REGISTARTION AND THE

REGISTER OF GEOGRAPHICAL INDICATION

161F. If any application has duly been registered by the Director-General under this

Part, he shall upon receipt of the prescribed fee for the certificate, issue a certificate of registration to the applicant who shall be the owner of the geographical indication

(hereinafter referred to as the “registered owner”) in the prescribed form.

161G. (1) The Director-General shall keep and maintain a register in the Office called the

“Register of Geographical Indications” in which all registered geographical indications

Issue of certificate of registration

Register of

Geographical

Indication shall be recorded in the order of their registration.

The following particulars shall be included in the Register of Geographical

the geographical indication;

number of registration;

the name and address of the registered owner and if the registered owner is outside Sri Lanka, a postal address for service in Sri Lanka;

the date of application and registration;

the list of goods in respect of which the registration of geographical indication has been granted;

the summary of the specification;

the map of the geographical area; and

specifications and associated control plan.

Any person may examine the Register of

in respect of goods of the same kind as those to which the geographical indication applies –

any direct or indirect use , misuse, imitation or evocation of a geographical indication identifying goods including an agricultural product, food, wine or spirit or handicraft manufactured and natural goods not originating in the place indicated by the geographical indication in question or not complying with any other applicable requirement for using the geographical indication, even where the true origin of the goods is indicated or the geographical indication is used in translated form or accompanied by expression

any direct or indirect use, misuse, imitation or evocation of a geographical indication which constitutes an act of unfair competition within the meaning of section 160 of the Act; or

any other practice likely to mislead consumers as to the true origin, provenance or nature of the goods including an agricultural product, food, wine or spirit or handicraft manufactured and natural goods;

for goods that are not of the same kind as those to which the geographical indication applies –

any direct use, misuse, imitation or evocation of the geographical indication in respect of goods that are not of the same kind as those to which the geographical indication applies including an agricultural product, food, wine or spirit or handicraft manufactured, and natural goods in question, if such use would indicate or suggest a connection between those goods, and the owners of the geographical indication and would be likely to damage their interests, or where applicable because of the reputation of the geographical indication such use would be likely to impair or dilute in an unfair manner, or take unfair advantage of that reputation;

any direct use, misuse, imitation or evocation of the geographical indication in respect of goods that are not of the same kind as those to which the geographical indication applies including an agricultural product, food, wine or spirit or handicraft manufactured, and natural goods in question amounting to its imitation, even if the true origin of the goods is indicated, or if the geographical indication is used in translated form or is accompanied by expression

any other practice likely to mislead consumers as to the true origin, provenance or nature of the goods.

any goods registered as geographical indications lose their special characteristic as geographical indication goods;

the registered owner fails to comply with the conditions and requirements, if any, subject to which such geographical indication is registered;

the registered owner of such geographical indication requests the

the registered owner fails to renew the registration of a geographical indication as specified in section 161E.