No. 2 Trademarks 43. A geographical indication shall not be registered if it is__ (a) incapable of distinguishing goods as originating from a particular territory, region or locality or does not possess characteristics attributed to that territory, region or locality in which those goods originate from; (b) contrary to public order or morality; (c) likely to mislead the public or those in the trade as regards the geographical origin of the goods concerned, their nature or characteristics; (d) in respect of goods, identical with the term usually used in common language as the common name for such goods in Malawi; (e) not protected, has ceased to be protected or has fallen into disuse in its country of origin; or (f) identical or similar to an existing registered trademark or geographical indication that is likely to confuse the public. 44.__(1) Where the Registrar is satisfied that an application for the registration of a geographical indication satisfies the requirements of this Act, and the application has not been opposed within the prescribed period, or where it is opposed, the Registrar decides in the applicant’s favour, the Registrar shall__ (a) register the geographical indication in the Register; (b) issue to the applicant, a certificate of registration; and (c) publish in the Journal, a reference to the registration of the geographical indication. 23 Grounds for refusal of registration Registration of geographical indications (2) Where the requirements for the registration of a geographical indication are not satisfied, or an application for the registration of a geographical indication is successfully opposed, the Registrar shall refuse to register the geographical indication. (3) The Registrar may subject the registration of a geographical indication to conditions that the Registrar considers appropriate. 45.__(1)The registration of a geographical indication shall give to the registered owner or authorized user thereof,__ (a) the exclusive right to the use of the geographical indication in relation to the goods in respect of which the geographical indication is registered; and (b) the right to obtain relief by way of injunction, award of damages or any other remedy as the court may consider appropriate in respect of infringement of the geographical indication as provided for under this Act. Rights conferred by registration