40FACircumstances in which description and presentation is not misleading—general

40FA Circumstances in which description and presentation is not misleading—general

Inclusion of geographical indication, translation or traditional expression registered for more than one place (1) If: (a) the description and presentation of wine includes an indication or term that is a registered geographical indication, a registered translation of such an indication, or a registered traditional expression, in relation to a country, region or locality; and (b) the wine originated in that country, region or locality; and (c) the description and presentation indicates that the wine originated in that country, region or locality; then the description and presentation is not misleading merely because the indication or term is, or resembles, a registered geographical indication, a registered translation of such an indication, or a registered traditional expression, in relation to another country, region or locality. Inclusion of common English word or term (2) If: (a) the description and presentation of wine includes a word or term that is a registered geographical indication, a registered translation of such an indication, or a registered traditional expression, in relation to a country, region or locality; and (b) the word or term is a common English word or term; and (c) the word or term is not used in such a way as to indicate that the wine originated in the country, region or locality in relation to which the geographical indication, translation or traditional expression is registered; and (d) the description and presentation indicates the country, region or locality in which the wine originated; and (e) the word or term is used in good faith; then the description and presentation is not misleading merely because it includes the word or term.