92Determining foreign GIs

92 Determining foreign GIs

(1) In determining a GI, the Geographical Indications 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 GI. (2) The Committee must not: (a) determine a GI that is different from the GI proposed in the application under subsection 60(1); or (b) determine boundaries different from those proposed in the application. (3) The Committee must have regard to whether the GI is protected by the laws of the country where the area is located. (4) The Committee may have regard to any other matter it considers relevant. (5) However, the Committee must not consider any submission to the extent that the submission asserts a trade mark right in respect of the proposed GI.