s 10 Homonymous geographical indications for prescribed goods
10.—(1) Any interested party of any prescribed goods identified by homonymous geographical indications may take action under section 4 against the carrying out of an act to which that section applies. (2) Any interested party of any prescribed goods identified by homonymous geographical indications may, where no practical conditions in respect of the homonymous geographical indications have been imposed by the Registrar under section 42(2), apply to the Court for a declaration of the practical conditions under which the homonymous geographical indications are to be differentiated from one another. (3) The Court in making a declaration under subsection (2), is to take into account —(a) the need to ensure equitable treatment of all the interested parties concerned; and (b) the need to ensure that consumers are not misled.