90When Geographical Indications Committee may proceed to make a determination

90 When Geographical Indications Committee may proceed to make a determination

(1) The Geographical Indications Committee may determine a GI or translation of a GI if no objection on a ground set out in section 62 was made to the proposed item within the period stated in the notice published under section 61 in relation to the proposed item. (2) If an objection was made, the Committee: (a) must not proceed to make a determination until the Committee has, in accordance with subsection 73(2), published a notice of the Registrar of Trade Mark’s decision on the objection; and (b) may only make a determination in the circumstances set out in the following subsections. Ground of objection not made out (3) The Committee may determine a GI or translation of a GI that was the subject of a decision under section 71 if: (a) all appeals against, or reviews of, the decision in relation to the proposed item have been finalised; and (b) the decision standing after the appeals and reviews have been finalised is that a ground of objection has not been made out in relation to the proposed item. Ground of objection made out and person agrees to determination being made (4) The Committee may determine a GI or translation of a GI that is the subject of a decision that a ground of objection has been made out, if the person who objected to the determination of the proposed item has agreed, by notice in writing given to the Committee, to the determination of the proposed item. Ground of objection made out and a recommendation is made under section 72 (5) The Committee may determine a GI or translation of a GI that is the subject of a decision that a ground of objection has been made out, if: (a) a recommendation has been made to the Committee under section 72 that the proposed item should be determined despite the ground of objection having been made out; and (b) all appeals against, or reviews of, the decision to make that recommendation have been finalised; and (c) the decision standing after the appeals and reviews have been finalised is that the recommendation is made. Ground of objection made out and decision made under section 85 (6) The Committee may determine a GI or translation of a GI that is the subject of a decision that a ground of objection has been made out, if: (a) a decision has been made under section 85 that the ground of objection no longer exists; and (b) all appeals against, or reviews of, the decision that the ground no longer exists have been finalised; and (c) the decision standing after the appeals and reviews have been finalised is that the ground no longer exists. No determination of translation without corresponding GI (7) However, the Committee must not determine a translation of a GI if: (a) the application for determination of the translation under subsection 60(2) was made at the same time as an application for determination of the GI was made under subsection 60(1); and (b) the Committee is not permitted under this section to proceed to determine the GI.