What is Geographical Indication?
A geographical indication is a sign, mark, or symbol used to identify a product as originating from a specific country, region, or locality, where a particular quality, characteristic, or reputation of that product is essentially attributable to its geographical origin. The link between the product and its place of origin is the defining feature of a geographical indication, distinguishing it from other forms of intellectual property protection.
| Qualities of goods may derive from | Examples of geographical indications |
|---|---|
| Methods of production | Sabah Seaweed |
| Ingredients of the product | Sarawak Peppers |
| Environmental or agricultural characteristics of the country, region or area which give 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.
The protection of geographical indications in Malaysia is governed by the Geographical Indications Act 2022 (Act 845), which replaced the earlier Geographical Indications Act 2000. Protection is afforded to geographical indications in the following circumstances:
Regardless of whether the geographical indication is registered under the Act.
As against another geographical indication which, although literally true as to 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 in nature, rendering them a distinct category within the broader intellectual property framework. Any trader who complies with the prescribed rules and regulations governing the use of a registered geographical indication is entitled to apply that indication to their goods. As these rules and regulations serve to provide assurance to consumers regarding the specific quality, standard, or characteristic of the product, producers are required to manufacture their goods in accordance with such regulations in order to be entitled to use the geographical indication.
Who can apply for a Geographical Indication?
- You are a producer in the geographical area specified in the application as regards the goods specified in the application — this includes a group or groups of such persons.
- You are a competent authority, or a trade organisation or association.
Malaysia’s Geographical Indication rights of use.
- 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.
- The right to use the geographical indication ought to be in respect of the products detailed in the Register, in accordance with the quality, reputation or characteristic specified in the Register.
Common questions.
Browse the FAQ library for in-depth answers on registration, enforcement, costs, and international filing.