s 48A Application for limitation of scope to be entered in register
48A.—(1) Subject to subsection (4), any person may, at any time after the registration of a geographical indication under section 48, apply to the Court for an order that a limitation of the scope of any of the rights conferred under this Act in respect of a registered geographical indication be entered in the register —(a) in relation to any name contained in the registered geographical indication; or (b) in relation to any term which may be a possible translation of the registered geographical indication.[5/2020] (2) The application under subsection (1) may only be made on either or both of the following grounds:(a) that one or more of the exceptions mentioned in Part 3 applies; (b) that the term mentioned in subsection (1)(b) is not a translation of the registered geographical indication.[5/2020] (3) The application must be made to the Court in the prescribed manner, and must include a statement of the grounds for the application and any other matter that may be prescribed.[5/2020] (4) An application under subsection (1) may not be made if the application —(a) is for an order that a limitation of the scope of all the rights conferred under this Act in respect of a registered geographical indication be entered in the register —(i) in relation to any name contained in the registered geographical indication; or (ii) in relation to any term which may be a possible translation of the registered geographical indication and which is registered as a variant constituting the registered geographical indication; and (b) is made on the ground that one or more of the exceptions mentioned in section 11(a), (b) or (c) or 15 applies to that name or term.[5/2020] (5) The Court, if satisfied that either or both of the grounds mentioned in subsection (2) is made out, must order the Registrar to cause to be entered in the register a limitation of the scope of the rights conferred under this Act in relation to any of the following that is applicable:(a) any name contained in the registered geographical indication; (b) any term which is not a translation of the registered geographical indication; (c) any term which is a translation of the registered geographical indication.[5/2020] (6) Where a registered geographical indication is subject to a limitation of the scope of rights under subsection (5), the rights of an interested party in respect of the geographical indication are restricted accordingly.[5/2020] (7) The Minister may make rules as to the entry in the register of a limitation of the scope of rights under subsection (5).[5/2020]