Geographical Indications On South Africa

On 14 February 2014 the South African Department of Trade & Industry (DTI) gave notice of its intention to prohibit the use of a large number of European food and drinks names in terms of  section 15 of the Merchandise Marks Act (MMA)  - confusingly the notice also makes reference to section 13 of the MMA, a section that no longer exists.   Section 15 says that the Minister of Trade & Industry can prohibit - either absolutely or conditionally – the use of any mark or word in connection with any trade or business. The unauthorized use of such a mark or word then becomes a criminal offence.  The notice - which was presumably issued at the urging of the EU – says that names can in future only be used by producers in the countries indicated, or as per the particular Rules of Use. The notice also makes it clear that the prohibition will not affect the rights of anyone already using any of the names, or names which are similar.