A.61 (7) Where the mark under the international registration had not become protected in Botswana on or before the date on which the international registration was cancelled, any procedures already undertaken by the Office in respect of the international registration on or before the date on which an application under subsection (1) is filed, shall be — (a) considered as having been undertaken for the purposes of the application under subsection (1); and (b) deemed to have as its application date the date of the cancelled international registration or, where applicable, the date of recording of the territorial extension to Botswana, and shall enjoy any priority enjoyed by the cancelled international registration. PART X – Geographical Indications 105. Except as provided under the provisions of this Part, the provisions of Part VIII shall, with the necessary modifications, apply to geographical indications and their registration. 106. (1) The exclusive right to a geographical indication under this Act shall be acquired by registration in accordance with the provisions under this Part. (2) A geographical indication shall not be registered if it is — (a) incapable of distinguishing goods originating from a particular territory, region or locality or does not possess characteristics attributed to that territory, region or locality in which those goods come 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, or their nature or characteristics; (d) in respect to goods, identical with the term usually used in common language as the common name for such goods in Botswana; or (e) not protected, has ceased to be protected or has fallen into disuse in its country of origin. 107. (1) An application for the registration of a geographical indication, accompanied by such fees as may be prescribed, shall be made to the Registrar in the prescribed manner and shall contain the following — (a) a request, in writing, that the geographical indication be registered; (b) the geographical indication for which registration is sought; (c) a specification containing — (i) the name of the products to which the geographical indication applies, (ii) a description of the product, including its raw materials, if appropriate, and principal physical, chemical, microbiological or organoleptic characteristics, (iii) the definition of the geographical area from which the designated product originates, Applicability of provisions relating to marks Acquisition of exclusive right to geographical indication Application for registration of geographical indication