Protection & Registration In Malaysia
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 production||Sabah Seaweed|
|Ingredients of the product||Sarawak Peppers|
|Environmental or agricultural characteristics of the country, region or area which gives the product its unique qualities||Malaysian 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 time||Sabah 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.
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
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)
You are a competent authority; or
A trade organisation or association.
Malaysia’s Geographical Indication Rights of Use
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.