Geographical Indications
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A Geographical Indication (GI) is a sign which identifies a product as originating from a location that has given that product a special quality or reputation or other characteristic. It usually consists of the name of the place of origin of the product.
Some well-known examples of GIs are "Bordeaux" (being a region in France famous for its wines), "Darjeeling" (a region in India famous for its tea) and "Tuscany" (a region in Italy famous for its olive oil).
The Geographical Indications Act (Cap. 117B) governs GIs in Singapore. A GI may also be registered as a trade mark under the Trade Marks Act (Cap. 332) if it falls within the ambit of the statutory requirements for trade mark registration.
A GI is distinct from a trade mark. A GI informs consumers that a product originates from a certain place and has special qualities due to that place of origin. It may be used by all producers or traders whose products originate from that place and which share typical characteristics. A trade mark, on the other hand, is a sign used by a business to distinguish its goods or services from those of its competitors. A trade mark gives its owners the right to prevent others from using the trade mark.
There is no need to file any application to protect a GI in Singapore. In Singapore, the law protects only the GIs of a country which is a member of the World Trade Organization, a party to the Paris Convention for the Protection of Industrial Property, or a country designated by the Singapore Government as a qualifying country. The producer, trader or association of such producers or traders of any such GI enjoys automatic protection.
In Singapore, a producer, trader or an association of producers or traders can sue for false use of a GI by an unauthorised party when the GI is used in the following situations:
- where use of the GI is misleading because the product did not originate in the place indicated by the GI;
- where use of the GI is unfair or dishonest, for example, because it falsely alleges, misleads or confuses the public as to the origin or nature of the product, its manufacturing process, or suitability for purpose or quality; or
- where the GI which is used identifies a wine or spirit does not originate from the place as indicated by the GI. The law provides special protection for wines or spirits; a wine or spirit which does not originate from the place indicated by the GI is never allowed, even if the user were to indicate the actual origin of the wine or spirit.
A GI will not be protected:
- if it is immoral or against public order;
- if it is no longer in use, or no longer protected, in its country of origin;
- if it has become the common name in Singapore for the goods or services which it identifies;
- [for wines and spirits] if it has been used continuously for at least 10 years preceding 15 April 1994 or in good faith preceding that date;
- if it is confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin; or
- if it is the name of a person or his predecessor in business.
A producer, trader or an association who takes legal action under the Act for infringing use of the GI may
- seek relief from the Court in the form of an injunction;
- demand an accounting for the profits gained as a result; and/or
- seek damages for the loss suffered from the infringement.
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