GEOGRAPHICAL INDICATIONS BASIC

DEFINITION OF GEOGRAPHICAL INDICATIONS

"Geographical Indication" refers to a sign that may include one or more words identifying goods as originating from a specific country or region, or a particular area or locality within that country or region, where a quality, reputation, or other characteristic of the goods is essentially linked to its geographical origin.

Geographical Indications usually contain the place of origin where the product is produced. Registered Geographical Indications in Malaysia include:



In Malaysia, the official Geographical Indication (GI) logo is used to mark products that have been recognized as possessing specific qualities, reputation, or characteristics linked to their geographical origin. This logo plays a crucial role in helping consumers easily identify and trust the authenticity of the product, ensuring that it meets the standards and unique features associated with its region of origin.

PROTECTION OF GEOGRAPHICAL INDICATIONS AND BENEFITS

Geographical Indications Registration Provides Numerous Benefits to Producers, Consumers, and the Local Economy. Below are some of the main benefits:

  1. Protection of Rights and Product Authenticity
    Prevents the unauthorized use of geographical names by other parties. Ensures that only products from the original area can use the name, thus avoiding counterfeiting and misuse that can damage the product's reputation.

  2. Enhancing Economic Value and Competitiveness
    Products registered as Geographical Indications gain recognition and higher market value. This increases the income of local producers, farmers, and communities. It also expands the market internationally with guarantees of authenticity and quality.

  3. Assurance of Quality and Consumer Trust
    Products with Geographical Indications must meet specific standards that ensure their quality. Consumers have more confidence in the product because its authenticity and quality are guaranteed.

  4. More Effective Promotion and Marketing
    Geographical Indications serve as an effective marketing tool by emphasizing the uniqueness of the product. It attracts buyers looking for genuine products from specific regions.

  5. Preservation of Local Culture and Heritage
    Geographical Indications encourage the sustainability of traditional practices in product production. They protect the cultural identity of a region from being exploited by outsiders.

  6. Local Economic Development
    Creates more job opportunities in related sectors. It boosts the local economy by ensuring producers directly benefit from their products.

EXCLUSION FROM PROTECTION OF GEOGRAPHICAL INDICATIONS

  1. Geographical indications which are contrary to public order or morality or territory of origin.
  2. Geographical indications which are not or have ceased to be protected in their country.
  3. Geographical indications which have fallen into disuse in their country or territory of origin.

PERIOD OF PROTECTION

A registered geographical indication is given ten years of protection from the date of filling and is renewable for every ten years.

RIGHTS OF USE

  1. Only producers carrying on their activity in the geographical area specified in the Register shall have the right to use a registered geographical indication in the course of trade.
  2. The right of use be in respect of the products specified in the Register in a accordance to the qualify, reputation or characteristic specified in the Register.

WHO MAY APPLY

  1. 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, and includes with respect to the such person.
  2. A competent authority; or
  3. A trade organization or association.

FORMS AND FEES

MATTERS OR PROCEEDINGS

FEE (RM)

FORM

 

  

Application for registration of geographical indication

250 per application

GIA1

GIA1

Application for amendment of application, correction of details of registered geographical indication

100 per application

GIA2

GIA2

Application for amendment of name and address for service of applicant or registered proprietor

30 per application

GIA3

GIA3

Application to amend documents for registration, notice of opposition, counterstatement or any other documents

20 per application

GIA4

GIA4

Application to attend hearing

150

GIA5

GIA5

Application for grounds of refusal

1000 per application

GIA6

GIA6

Publication of acceptance

450 per application

GIA7

GIA7

Filing of notice of opposition relating to the registration of a geographical indication

450

GIA8

GIA8

Filing of notice of opposition relating to an amendment which has been published

300

GIA8A

GIA8A

Filing of counterstatement

300 per filing

GIA9

GIA9

Request for voluntary cancellation of registered geographical indication

20 per request

GIA10

GIA10

Request For Registrar's Certificate Other Than Certificate of Registration

20 per request

GIA11

GIA11

Notification of filing of any application or appeal to Court

20 per notification

GIA12

GIA12

Application for cancellation of registration or matters relating to court order and recording certificate of validity

300 per application

GIA13

GIA13

Application for Registrar’s verification

500 per application

GIA14

GIA14

Application for transfer of registration of registered geographical indications

300 per application

GIA15

GIA15

Request for Registrar’s certificate purporting to be under the hand of the Registrar

100 per request

GIA16

GIA16

Request for extension of time

100 per month

GIA17

GIA17

Application for reinstatement

300 per application

GIA18

GIA18

Application for renewal of registration of a geographical indication

420 per application

GIA19

GIA19

Application for renewal of registration of a geographical indication and surcharge

630 per application

GIA20

GIA20

Application for restoration of removed registration of a geographical indication

670 per application (New Fee)

GIA21

GIA21

Application for withdrawal of application for registration of geographical indication

10 per application

GIA22

GIA22

Application for registration of a geographical indication agent

500 per application

GIA23

GIA23

Application for renewal of registration of a geographical indication agent

250 per application (New Fee)

GIA24

GIA24

Application for voluntary cancellation of a geographical indication agent

20 per application

GIA25

GIA25

Application for change of name or address for service of registered geographical indication agent

20 per application

GIA26

GIA26

Notice of appointment, authorization, termination of agent and additional address for service

30 per application

GIA27

GIA27

Notice of intention to cease to act as an agent on behalf of any person

10 per notice

GIA28

GIA28

Request for a certified true copy of a printed or written copy or extract from the Registrar

10.00 for each page

GIA29

GIA29

Request for a non-certified copy of a printed or wriiten copy of or extract from the Register

5.00 for each page

GIA30

GIA30

Request for a certified true copy of a copy of form, information or document filed or issued from the electronic system

10.00 for each page

GIA31

GIA31

Request for a non-certified copy of a copy of form, information or document filed or issued from the electronic system

5.00 for each page

GIA32

GIA32

Request for a copy of certificate of registration

50 per copy

GIA33

GIA33

Request to conduct public search

10.00 per hour

GIA34

GIA34

Request for permitted information

100 for first 10 pages 5 for each subsequent page

GIA35

GIA35

Filing of documents manually

2 per page

GIA36

GIA36

Notification of death of a registered geographical indication agent

NIL

GIA37

GIA37

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