Geographical Indications Law in Malaysia
Here’s a clear overview of Geographical Indications (GI) law in Malaysia:
1. Legal Framework
Malaysia has a dedicated Geographical Indications Act 2000, which came into force on 2 January 2001.
The law provides for the registration, protection, and enforcement of GIs in Malaysia.
It is administered by the Intellectual Property Corporation of Malaysia (MyIPO).
2. Definition and Scope
The Act defines a Geographical Indication as an indication that identifies goods as originating in a specific territory, region, or locality, where a given quality, reputation, or other characteristic of the goods is essentially attributable to their geographical origin.
The Act protects GIs related to agricultural products, foodstuffs, wine and spirits, handicrafts, and industrial products.
3. Registration Process
Applications for registration of a GI must be made to MyIPO.
The application must include:
The geographical area of origin.
Description of the goods.
Evidence of the link between the product qualities and the geographical origin.
The Registrar examines applications and publishes them for opposition.
If no successful opposition, the GI is registered for 10 years, renewable indefinitely.
4. Protection and Enforcement
Registered GIs enjoy exclusive rights to use the GI on their goods.
Unauthorized use of a registered GI or use of a GI that misleads the public is prohibited.
Civil remedies include injunctions and damages.
Criminal sanctions can apply for false use or misuse of a GI, including fines and imprisonment.
5. International Agreements
Malaysia is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.
It is also a member of the Paris Convention.
Malaysia is not a party to the Lisbon Agreement but offers strong GI protection domestically.
6. Practical Use
Malaysia has registered GIs for products such as:
“Bario” rice from Sarawak.
“Sarawak pepper”.
“Cameron Highlands tea”.
These GIs help promote local products and protect them from misuse.
Summary Table
| Aspect | Malaysia |
|---|---|
| Dedicated GI Law | Yes – Geographical Indications Act 2000 |
| Registration Authority | Intellectual Property Corporation of Malaysia (MyIPO) |
| Duration of Registration | 10 years, renewable indefinitely |
| Types of Goods Covered | Agricultural, foodstuffs, wine, spirits, handicrafts, industrial goods |
| Enforcement | Civil and criminal remedies |
| TRIPS Compliance | Yes |
| Lisbon Agreement Membership | No |
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