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Geographical Indication
Malaysia’s Geographical Indications Act 2022 (“the 2022 Act”) protects an indication that can identify any goods (wine and spirits, manufactured goods, handicrafts, 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. Well-known examples include Parmesan cheese, Sabah tea, Sarawak pepper, Darjeeling tea and Scotch whiskey. The 2022 Act replaces the former Geographical Indications Act 2000 and offers a wider scope of protection for geographical indication (GI) proprietors and greater clarity of the examination process.
Under the 2022 Act, any person who carries on an activity as a producer in the geographical area with respect to the goods (which includes an association of such persons) or a ‘competent authority’ can apply for GI registration. A ‘competent authority’ includes the government of Malaysia or of a State or any statutory body carrying out functions of, on behalf of, or sanctioned by the same, any other foreign governments, and any authority competent to certify the goods in question.
A GI registration is valid for ten years from the date of registration and is renewable for further periods of ten years each. A separate registration application must be sought for any variant of a GI.
Our trademark practice has naturally expanded into geographical indication (GI) protection and we handle all matters relating to GI protection, including pre-filing search and advice, filing, prosecution, opposition, renewal, maintenance, advice on exploitation and enforcement. As at end of 2023, our firm proudly manages four out of the only fourteen foreign GIs that have been successfully registered in Malaysia.
Should you require further information, you may contact our trademarks team at tm@henrygoh.com.
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Choose us for unmatched expertise, tailored solutions, and client-centric service. With a global perspective and local insight, we are committed to protecting your intellectual property and empowering your innovation.
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Our team of intellectual property specialists brings a wealth of knowledge and a proven track record of success to protect your most valuable assets.
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We understand that each client’s needs are unique. Our bespoke solutions are designed to align with your specific goals and challenges.
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With a deep understanding of both global trends and local nuances, we navigate the complexities of IP law to your advantage, wherever you operate.
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At Henry Goh & Co, your vision is our mission. We work tirelessly to ensure your intellectual property is defended, managed, and optimized for success.
No matter who you are, we’ve got you protected.
For almost half a decade Henry Goh & Co has been one of the benchmarks in the trademark area in Malaysia. The longstanding, close-knit team of over 20 multilingual experts deftly devises holistic trademark solutions, encompassing not only Malaysia, but also Singapore and Brunei. The technology-savvy outfit offers innovative and modern solutions, made with deep knowledge of the local legal practices and the mindset of the trademark examiners. Personable and seasoned general manager Sau Yin Tham has over three decades of experience; her in-depth knowledge of legal intricacies allows her to dispense on-point advice and successfully represent clientele in non-contentious matters. As the agency’s most senior and accomplished registered trademark agent, she oversees the practice, ensuring that the work conforms to the highest standards. Cosmopolitan trademark head Azlina Aisyah Khalid is a formidable leader and versatile practitioner with a knack for dispensing insightful pre-litigation, licensing and enforcement advice. Her skills, together with a good relationship with the IP office, allow her to see prosecution matters through to a successful conclusion. Strategically minded Eng Leong Lim is highly sought after for his effective portfolio management solutions and brand protection advice. He smoothly collaborates with external solicitors to enforce clients’ brands in Malaysian courtrooms.
On the local patent scene for almost 50 years, Henry Goh & Co is a prolific filer with a knack for dispensing tailored and practical non-contentious solutions. The outfit boasts a well-established team of more than 20 seasoned practitioners and has recently added to its ranks, hiring a physicist with more than a decade of patent experience and two paralegals. The team’s wide range of technical and linguistic capabilities allows it to handle complex technical matters not only in Malaysia, but also abroad, especially in Brunei and Singapore. Spearheading the patent team, business-savvy microbiologist Yen Yen Oon dispenses insightful advice on non-contentious matters, ranging from patentable inventions identification to prosecution, and is especially strong in issues pertaining to chemistry and biotechnology. Also valued for his effective counsel and strong technical acumen, seasoned engineer Jason Cheah considers prosecution of internet-related and mechanical inventions his forte; he is active both in Malaysia and foreign jurisdictions such as Japan, Australia and the United States. Cosmopolitan engineer Andrew Siew leads the high-technology, electrical and electronics group. His strong technical acumen and cross-cultural awareness allow him to deftly handle prosecution and infringement opinions for both local and international clients. He is also a capable drafter, excelling especially in the field of cutting-edge information technology such as blockchain, and other complex inventions like photovoltaic systems. As the head of the firm’s Brunei prosecution division, computational physicist and electronics virtuoso Pei Chun Yan drafts, prosecutes and handles portfolios for patrons ranging from academic institutions to major multinationals.
