Geographical Indication Protection & Registration In Malaysia

Geographical Indication
Protection & Registration In Malaysia

Geographical Indication Registration with Quality Oracle

What is a Geographical Indication?

A geographical indication is a symbol, mark or sign used to identify the country, region or area from which the country, region, or area from which products originate and to which possess qualities or a reputation that are attributable to that origin.

Qualities of Goods May Derive From…Examples of Malaysian Geographical Indications…
Methods of productionSabah Seaweed
Ingredients of the productSarawak Peppers
Environmental or agricultural characteristics of the country, region or area which gives the product its unique qualitiesMalaysian Durian Musang King
Strong reputation developed in the country, region or area for producing a particular product of a certain quality over a period of timeSabah Tea

Protection of Geographical Indications

Geographical Indications in Malaysia is governed by the Malaysia Geographical Indications Act 2000.
Under the Malaysia Geographical Indications Act 2000, GIs are protected in the following ways:

Regardless whether or not the geographical indication is registered under the Act;

As against another geographical indication which, although literally true as the country, territory, region or locality in which the goods originate, falsely represents to the public that the goods originate in another country, territory, region or locality.

Intellectual Property Trademark Patent Industrial Design Copyright Malaysia Singapore Registration Application

Geographical Indications are collective rights, making them a unique case in terms of intellectual property rights. Any trader who complies with the rules and regulations governing the use of the GI is entitled to attribute the GI to his or her goods. As these rules and regulations provide assurance to the consumer regarding the specific quality or standard of the product, producers must produce their goods in tandem with these regulations in order to use the GI.

For more information on the Act, please refer to the link below provided by MyIPO.

Who Can Apply For A Geographical Indication?

You are entitled to file an application for registration of a geographical indication under these conditions

1.

You are a producer in the geographical area specified in the application as regarding the goods specified in the application (includes a group or groups of such person)

2.

You are a competent authority; or

3.

A trade organisation or association.

Malaysia’s Geographical Indication Rights of Use

Intellectual Property Trademark Patent Industrial Design Copyright Malaysia Singapore Registration Application

There are two important conditions for the rights of use of geographical indications.

Firstly, only producers maintaining their activity in the geographical area specified in the Register have the right to use a registered geographical indication in the trade or business.

Secondly, the right to use the geographical indication ought to be in respect of the products detailed in the Register in accordance to the quality, reputation or characteristic specified in the Register.

Frequently Asked Questions

A registered geographical indication is granted 10 years of protection from the date of filing and can be renewed at a period of every 10 years.

Geographical indications can be refused to be protected under the conditions that:

  1. GIs contrary to public order or morality or territory of origin;
  2. GIs that have ceased or are not protected in their country;
  3. GIs that have fallen into disuse in their country or territory of origin.

The official fees for applying for a GI costs RM250, followed by a RM450 fee for publication and issuance of the certificate.