s 42 Registration of homonymous geographical indications
42.—(1) The Registrar may register a geographical indication that is a homonymous geographical indication in relation to an earlier geographical indication. (2) For the purposes of subsection (1), the Registrar may register the homonymous geographical indication with practical conditions differentiating the homonymous geographical indication from the earlier geographical indication. (3) In determining the practical conditions to be imposed under subsection (2), the Registrar must take into account —(a) the need to ensure equitable treatment of all the interested parties concerned; (b) the need to ensure that consumers are not misled; and (c) the views and submissions of the applicant for registration of the homonymous geographical indication and of the applicant for registration or registrant (as the case may be) of the earlier geographical indication. (4) The Minister may make rules to provide for proceedings for the purposes of subsection (3)(c) and for matters relating thereto. (5) Where the Registrar decides to impose practical conditions under subsection (2), the Registrar must impose practical conditions on all the homonymous geographical indications in question.