1) What is Geographical Indication?

Geographical Indications Act 2000 defines geographical indication as an indication which identifies any goods as originating in a country or territory, or a region or locality in that country or territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin.

2) Does Malaysia have product that qualifies to be registered under Geographical Indications Act 2000?

Malaysia has a number of goods that can be registered as geographical indications. These goods have been commercially exploited at local and international market for example ‘Sarawak Pepper’, which is a pepper-based product produce in Sarawak. This pepper has gained reputation and recognition at international level due to the quality of the pepper. In addition, ‘Sabah Tea’, ‘Tenom Coffee’, ‘Borneo Virgin Coconut Oil’ and ‘Sabah Seaweed’ are the registered geographical indication goods in Malaysia. These four geographical indications are from Sabah.

3) Does geographical indication applicable only to an agricultural product?

Geographical indication is not limited to agricultural product. It can also be used on natural product such as Langkawi Gamat and any product of handicraft like Terengganu Songket, Kelantan Batek and food products such as Papar Belacan and Kelantan Budu.

4) Does registration of geographical indication compulsory?

Registration of geographical indication is not compulsory. However, registration of geographical indication is encouraged to protect the interest of producer and consumer. The registered proprietor of geographical indication has the exclusive rights to exploit the geographical indication and gains recognition at domestic and international level.

5) Can individual register a geographical indication?

Registration of geographical indication is based on an affiliation ownership concept for the producers who are carrying on an activity in that specified geographical area and not an individual ownership concept. Geographical indication can also be registered by the competent authority such as local authority, government agency, statutory body; and trade organization or association.

6) What is the difference between geographical indication products and product without geographical indication?

The quality of the geographical indication goods and its unique characteristic are influence by the place of origin where the goods are originated or manufactured. The geographical indication goods with an assurance quality and has good reputation will become well known worldwide and acceptable in the market. However, goods without quality and unique characteristic that related to the place of origin are not recognized as a geographical indication goods. Due to the above reason, it is clear that the differences between geographical indication goods and other goods are based on quality, reputation and other characteristic attributable from the place of origin.

7) What is the duration of protection of geographical indication?

A registered geographical indication is protected for ten years from the date of filing and is renewable for every ten years as long as it is still in use.

8) What is the scope of protection of a geographical indication in Malaysia?

Geographical indication’s protection in Malaysia is territorial. To seek protection in other countries, application must be filed with the respective countries.

9) What is the difference between geographical indication and trade mark?

Trade marks is a mark which distinguishes the goods and services of one trader from those of another. It gives its owner the right to exclude others from using the trade marks. On the other hand, a geographical indication indicates where the goods are produced and has characteristics that are attributable to the place of the geographical origin. In addition, the geographical indication goods may have different trade marks amongst the traders as long as the geographical indication goods produce by the registered proprietor of geographical indication.

10) What action can an aggrieved party commence in the event a geographical indication has been falsely represented to the public?

Any aggrieved party may file an action in the High Court (Intellctual Property).