Collection of Laws for Electronic Access YH MAURITIUS (a) irrespective of whether it has been registered; or (b) which, although literally true as to the territory, region or locality in which the products originate, falsely represents to the public that the products originate in another territory. (2) The registration of any geographical indication under Part III of this Act shall, in any proceedings under this Act, raise a presumption that such indication is a geographical indication within the meaning of section 2 of this Act. Homonymous Geographical Indications for Wines 5.—(1) In the case of homonymous geographical indications for wines, protection shall, subject to section 4 (1) (b), be granted to each indication. (2) The Controller shall, in cases of permitted concurrent use of such indications, determine the practical conditions under which the homonymous indications in question will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled. Exclusion from Protection 6. Any— (a) indication which does not correspond to the definition in section 2 of this Act; (b) indication which is contrary to public order or morality; or (c) geographical indication which is not or ceases to be protected in their country of origin, or which has fallen into disuse in that country, shall not be protected. Offences 7. Any person who, knowingly and with intent to deceive, performs any of the acts referred to in section 3, shall commit an offence and shall, on conviction, be liable to a fine of not more than Rs 250,000 and to imprisonment for a term of not more than 5 years. Part III Registration of Geographical Indications Application for Registration 8.—(1) An application for the registration of a geographical indication shall be filed with the Controller. MU001EN Geographical Indications, Act, 08/08/2002, No. 23 page 4/9