A.63 (2) Where the requirements for the registration of a geographical indication are not satisfied, or an application for the registration of a geographical indication has been successfully opposed, the Registrar shall not register the geographical indication. 111. (1) The right to a registered geographical indication shall belong to the registered owner. (2) Registration of a geographical indication shall confer on the registered owner the right to prohibit third parties from using the geographical indication, and to institute court proceedings against any person infringing his or her rights. (3) No person shall, without authorisation from the owner of the registered geographical indication — (a) use the registered geographical indication to identify products of the same description but not originating from the place indicated by the geographical indication, even where the true origin is indicated or the geographical indication used is accompanied by disclaimers or expressions such as “kind”, “type”, “style”, “imitation” or the like; (b) use the registered geographical indication to indicate that products originate in a geographical region other than their true place of origin; or (c) use the registered geographical indication for goods produced in the geographical area specified in the register in respect of the geographical indication that do not possess the quality, reputation or other characteristic specified in the register. (4) The provisions of section 114 (3) shall apply in any action instituted by the owner of a geographical indication against any person who contravenes subsection (3). 112. The rights conferred by registration of a geographical indication may not be invoked to prevent a national or domiciliary of Botswana who has previously used the geographical indication to identify wines or spirits to continue such use in the same manner, provided such use was undertaken continuously — (a) for at least 10 years preceding April 15, 1994; or (b) in good faith preceding the date specified under paragraph (a). 113. (1) Any interested person may apply to the Registrar for the invalidation of the registration of a geographical indication on the ground that the requirements of section 106 (2) and the definition of a geographical indication as specified under this Act, have not been satisfied. (2) An application for the invalidation of a geographical indication shall be served on the owner of the geographical indication in the prescribed manner, and on any other person having the right to use the geographical indication. (3) Where the application for invalidation is based on the ground that the geographical area specified in the register does not correspond to the geographical indication, or that the indication of the products for which the geographical indication is used or the indication of the quality, reputation or other characteristic of such product is missing or unsatisfactory, the Registrar may order for the rectification of the registration. Rights of registered owner, etc. Exceptions to rights conferred by registration Invalidation of registration of geographical indication

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