The
rights of a geographical indication (GI) may be qualified in the Register in respect of:
-
Any name contained in the GI; or
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Any term which may be a possible translation of the GI.
A request for qualification of rights clarifies the boundary between what is protected by the GI
registration and what is available for use by third parties in relation to the GI.
A request for qualification of rights conferred in respect of a registered GI to be entered in the
Register should be submitted using Form GI2. A statement of the grounds for the request must also be attached
with Form GI2.
Such a request may be submitted at any time after the publication of the GI application in the
Geographical Indications Journal but before the registration of the GI.
Where the qualification of rights is allowed by IPOS, the details shall be published in the
Geographical Indications Journal. If there is no notice of opposition received or all opposition proceedings are
withdrawn or decided in favour of the requestor, the qualification shall be entered in the Register upon the
registration of the GI.