In any proceedings referred to in section ten regarding the application of a registered geographical indication it shall be presumed, unless the contrary is proved, that— (a) the indication concerned is a geographical indication as defined in section two; and (b) each product which is recorded in the Register in relation to the indication concerned has some quality, reputation or other characteristic that is essentially attributable to its geographical origin. 14 Anton Piller orders (orders without notice) (1) If a person satisfies the Tribunal or a court that, prima facie— (a) he has a cause of action against another person regarding a contravention of section nine and he intends to pursue that action; and (b) the other person has in his possession documents or other things of whatsoever nature which constitute evidence of great importance in substantiation of that cause of action; and (c) there is a real and well-founded apprehension that the documents or other things may be hidden, destroyed or rendered inaccessible before discovery can be made in the usual way; the Tribunal or court, as the case may be, may make such order commonly known as Anton Piller order as it considers necessary or appropriate to secure the preservation of the documents or things as evidence. (2) An order in terms of subsection (1) may be granted without notice to the person who is allegedly in possession of the documents or other things to which the order relates, and the Tribunal or court may sit in camera for the purpose of hearing an application for such an order: Provided that the Tribunal or court shall not grant an order without such notice unless it is satisfied that there is a real possibility that the documents or things will be hidden, destroyed or rendered inaccessible if notice is given. (3) An order in terms of subsection (1) may be granted on such conditions, including the giving of security by the applicant, as the Tribunal or court may fix. (4) This section shall not be taken to limit any power a court may have under its ordinary jurisdiction to grant orders such as are referred to in this section. 15 Remedy for groundless threats of proceedings regarding use of misleading geographical indication (1) Where any person, whether or not he is an interested person for the purposes of section ten, threatens another person with proceedings for a contravention of section nine, anyone who is aggrieved by the threat may bring proceedings against him in a court of competent jurisdiction for the relief referred to in subsection (2). (2) In proceedings brought by virtue of subsection (1), the plaintiff or applicant shall be entitled to any one or more of the following remedies— (a) a declaration to the effect that the threats are unjustifiable; (b) an interdict against any continuation of the threats; (c) such damages, if any, as he has sustained in consequence of the threats; unless the defendant or respondent proves that the acts in respect of which he threatened proceedings constitute or, if done, would constitute a contravention of section nine. (3) The defendant or respondent in any proceedings brought in terms of subsection (1) may counter-claim for any relief to which he would be entitled in separate proceedings in respect of any contravention of section nine by the plaintiff or applicant. PART IV REGISTRATION OF GEOGRAPHICAL INDICATIONS 16 Persons entitled to apply for registration An application for the registration of a geographical indication may be made by or on behalf of any of the following—

Seleccionar párrafo de destino3