geographical indication

Geographical Indication

Malaysia’s Geographical Indications Act 2000 protects an indication that can identify any goods (wine and spirits, manufactured goods, handicraft, food and agricultural products) as originating from a particular country, territory, region or locality, where there is a given quality, reputation or characteristics to those goods that is attributable to that geographical origin.

Our trade mark practice has naturally expanded into geographical indication (GI) protection and we handle all matters relating to such GI protection, including pre-filing search and advice, filing, prosecution, opposition, renewal, maintenance, advice on exploitation and enforcement. As at end of 2015, our firm proudly manages two out of the only seven foreign GIs that have been successfully registered in Malaysia.

Malaysia joins the Madrid Protocol

 

The wait is finally over! On 27 September 2019, Malaysia deposited with WIPO its instrument of accession to the Madrid Protocol, becoming the 106th member of the Madrid System.

The Protocol will take effect for the country on 27 December 2019. From that date, local brand owners in Malaysia can begin making use of the international registration system to protect their trademarks in over 120 territories of the System’s other 105 (currently) members by filing a single international application and paying a single set of fees.

Likewise, foreign trademark owners can take advantage of the System’s simple designation process to seek protection here.

Malaysia has made declarations to extend the refusal period to 18 months, to receive individual fees, to require a declaration of intention to use the mark and to mandate that the recording of licenses in the International Register shall have no effect in Malaysia unless recorded here.

Stay tuned for more updates from us as we close the year 2019.