Collection of Laws for Electronic Access YH MAURITIUS (2) Any decision taken by the Controller under this Act, in particular the registration of a geographical indication, may be the subject of an appeal by any interested party to the Tribunal. Part IV Special Provisions Concerning Marks, Exceptions Misleading Marks 18. Notwithstanding any other enactment, the Controller shall, on his own motion or at the request of an interested party, refuse, or invalidate, the registration of a trademark which contains or consists of a geographical indication with respect to products not originating in the territory indicated, where the use of the indication in the trademark for such products in Mauritius is of such a nature as to mislead the public as to the true place of origin. Marks Conflicting with a Geographical Indication for Wines and Spirits 19. The registration of a trademark for wines which contains or consists of a geographical indication identifying wines or of a trademark for spirits which contains or consists of a geographical indication identifying spirits shall be refused or invalidated by the Controller on his own motion or at the request of an interested party with respect to such wines or spirits not having this origin. Exceptions Regarding Prior Use 20.—(1) Nothing in this Act shall prevent the continued and similar use of a particular geographical indication of another country identifying wines or spirits in connection with products or services, by any national or resident of Mauritius who has used that geographical indication in a continuous manner with regard to the same or related products or services in the territory of Mauritius either— (a) for at least 10 years preceding April 15, 1994; or (b) in good faith preceding that date. (2) Where a trademark has been applied for or registered in good faith, or where rights to a trademark have been acquired through use in good faith either— (a) before the date of entry into force of this Act; or (b) before the geographical indication is protected in its country of origin, this Act shall not prejudice the registrability of or the validity of the registration of a trademark, or the right to use a trademark, on the basis that such a trademark is identical with, or similar to, a geographical indication. (3) Nothing in this Act shall apply in respect of a geographical indication of any country with respect to products or services for which the relevant indication is identical with MU001EN Geographical Indications, Act, 08/08/2002, No. 23 page 8/9