A geographical indication (GI) is defined as:
“an indication which identifies a good as originating in the territory of a country, or a region or locality in that territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin” (Section 2).

‘Good’ means “any natural or agricultural product or any product of industry or handicraft” (Section 2).

Under the Act any interested party may apply to the Court to prevent the use of GIs:

• on goods in a manner that misleads the public as to the true geographical origin of the goods
• which amounts to unfair competition
• identifying wines and spirits that do not actually originate in the place indicated by the GI even where the true place of origin is indicated and even where used in conjunction with “kind” “style” “imitation” “type” “comparable to” or other similar expressions.

Misleading use of a geographical indication which is deliberate constitutes a criminal offence punishable in a lower court (Resident Magistrate’s Court) by a fine not exceeding one million Jamaica dollars and/or by imprisonment of a term not exceeding 12 months.

If the matter is addressed in a higher court (Circuit Court) the fine is unlimited and the maximum term of imprisonment is 5 years. In addition either court may impose a pecuniary penalty where the court is satisfied that benefits were derived by or accruing to the offender from the commission of the offence.

The Act protects unregistered geographical indications but also provides for a registration system to serve as prime facie evidence that a particular GI properly falls under the Act.

Any producer or group of producers may apply to register a geographical indication once they are carrying on an activity in the specified geographical area in relation to the goods specified in the application.

“Producer” means:

• producers of agricultural products
• manufacturers of products of industry or handicraft
• persons who exploit natural products and
• persons dealing or trading in such products

The Act excludes certain types of indications from protection and allows for exceptions in relation to indications that were in continuous use prior to a specified date. Trademarks containing or consisting of misleading geographical indications may be disallowed registration and, where already registered, may be revoked.

The Act provides for the promulgation of Regulations for the proper implementation of the provisions thereof including the procedures for registration of geographical indications.