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GEOGRAPHICAL INDICATIONS ACT
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16. Opposition
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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16.   Opposition

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    (1)   The notice of opposition under section 5(2) shall be given within 3 months of the date of the publication referred to in subregulation 15(2), in Form 3 of Schedule 2, together with payment of the prescribed fee and accompanied by supporting evidence, if any.

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    (2)   The counter-statement referred to in section 5(3) shall be subject to payment of the prescribed fee and shall be given within 3 months of the date when the notice of opposition is sent to the applicant and shall be in writing, stating the grounds upon which the applicant relies for his or her application and accompanied by supporting evidence, if any.

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    (3)   A request for a hearing under section 5(4) shall be made to the Registrar in writing at any time after the filing of the notice of opposition but not later than one month after the expiry of the prescribed period for filing the counter-statement, and the Registrar shall give the parties at least one month's written notice of the date set for the hearing, and each party shall, within that period pay the prescribed fee for the hearing.

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    (4)   Where the opponent or the applicant does not reside or carry on business in Saint Lucia, the Registrar may require the applicant to give security for the costs of the opposition proceedings for such amount as the Registrar thinks fit.

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    (5)   Where the Registrar decides to register the geographical indication, as provided in section 5(5), he or she shall notify the opponent, if any, and the applicant in writing stating the reasons for his or her decision and, in the case of the applicant, requesting him or her to pay the registration fee within one month from the date of the notification.

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    (6)   Where the Registrar decides to refuse to register the geographical indication, as provided in section 5(6), he or she shall notify the opponent and the applicant in writing, stating the reasons for his or her decision.

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