40TMaking of determinations

40T Making of determinations

(1) In determining a geographical indication, the Committee must: (a) identify in the determination the boundaries of the area or areas in the region or locality to which the determination relates; and (b) determine the indication to be used to indicate that area or those areas; and (c) determine any conditions of use that are to be applicable to the geographical indication. (2) If the regulations prescribe criteria for use by the Committee in determining a geographical indication, the Committee is to have regard to those criteria. (3) When making a determination as a result of an application, the Committee may do either or both of the following: (a) determine an area or areas having boundaries different from those stated in the application; (b) determine an indication to be used to indicate the area or areas constituting the geographical indication that is different from an indication proposed in the application. (4) In determining a geographical indication, the Committee must not consider any submission to the extent that the submission asserts a trade mark right in respect of the proposed geographical indication.