(1) This Act shall not prevent continued and similar use of a particular geographical indication of another country identifying wines or spirits, in connection with goods or services, by any of its nationals or domiciliaries who have used that geographical indication in a continuous manner with regard to the same or related goods or services in the territory of that country either—
(a) for at least 10 years preceding 15 April 1994; or
(b) in good faith preceding that date.
(2) Where a trademark has been applied for or registered in good faith, or where rights to a trademark have been acquired through use in good faith either—
(a) before the date of entry into force of this Act; or
(b) before the geographical indication is protected in its country of origin,
this Act shall not prejudice the registrability of or the validity of the registration of a trademark, or the right to use a trademark, on the basis that such a trademark is identical with, or similar to, a geographical indication.
(3) This Act shall not apply—
(a) in respect of a geographical indication of any country with respect to goods or services for which the relevant indications is identical with the term customary in common language as the common name of such goods or services in Saint Lucia; or
(b) in respect of a geographical indication of any other country with respect to products of the vine for which the relevant indication is identical with the customary name of a grape variety existing in Saint Lucia as of 1 January 1995.
(4) Any request for relief made under Part 3 in connection with the use or registration of a trademark must be presented within 5 years after the adverse use of the protected indication has become generally known in Saint Lucia or after the date of registration of the trademark in Saint Lucia. However, the trademark has been published by that date, if such date is earlier than the date on which the adverse use became generally known in Saint Lucia and although the geographical indication is not used or registered in bad faith.
(5) This Act shall in no way prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where the name is used in such a manner as to mislead the public.