MALAYSIA

COUNTRY : MALAYSIA

CAPITAL : KUALA LUMPUR

LANGUAGES : BHASHA MALAYSIA & ENGLISH

 

MEMBER : WTO-TRIPS, PARIS CONVENTION, BERNE CONVENTION The

Malaysian IP office is also known as the Intellectual Property Corporation of Malaysia (MyIPO)

The Geographical Indications affairs in Malaysia are looked after by the Central Geographical Indications Office.


  • ROLE PLAYED BY GEOGRAPHICAL INDICATION MALAYSIA:
      • GI is a source indicator informing consumers about a product’s origin from a certain place.
      • GI confirms certain special characteristics  inherent to the product.
  • PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN MALAYSIA

    • GIs in Malaysia are protected by way of:

      • The Geographical Indications Law

      Categories of GI Protected:

      1. Appellations of Origin
      2. Geographical Indications
  • KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE MALAYSIA

    • Geographical Indications are not protectable if:

      • They are immoral or against public order;
      • GIs likely to mislead the public with respect to the place of origin of the goods;
      • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
      • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
      • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
      • GIs which are not or have ceased to be protected in their country or territory of origin
      • Gis which have fallen into disuse in their country or territory of origin
  • REQUISITES TO BE GEOGRAPHICAL INDICATION MALAYSIA

    • Applications to contain the following:

      • the name, address and nationality of the natural person or legal entity filing the application, and the capacity in which the applicant is applying for registration;
      • the geographical indication for which registration is sought;
      • the geographical area to which the geographical indication applies;
      • the goods for which the geographical indication applies;
      • the quality, reputation or other characteristic of the goods for which the geographical indication is used; and
      • any other particulars as may be prescribed.
  • WHO CAN FILE GEOGRAPHICAL INDICATION MALAYSIA

    • Following can apply for registration of GIs:

      • a person who is carrying on an activity as a producer in the geographical area specified in the application with respect to the goods specified in the application
      • a competent authority; or
      • a trade organization or association
  • EXAMINATION OF GEOGRAPHICAL INDICATION MALAYSIA

    • Once the application is received, it is formally examined. The application is then scrutinised regarding compliance with all the requisites. Once the application is found to be compliant with all the formalities and the requisites, it is advertised for objections from interested third parties.

  • PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION MALAYSIA

    • Interested parties may, post advertisement of the application, object, oppose or ask for cancellation of the GI within 60 days.

  • USAGE OF GEOGRAPHICAL INDICATION MALAYSIA

    • If there is no opposition post filing of the application, or the opposition is unsuccessful, the applicant’s GI is registered.

  • Cost of Registration of Trademarks
Geographical News