A geographical indication (GI) is a sign used on products with a specific geographical origin and possess qualities or a reputation due to that origin.
In order to function as a GI, a sign must identify a product as originating in a given place. Also, the qualities, characteristics or reputation of the product should be essentially due to the location of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original production place.
A geographical indication is typically used for agricultural products, foodstuffs, wine and spirit drinks and handicrafts.
a. A person 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 such person.
b. A competent authority; or
c. A trade organisation or association.
a. Information identifying the applicant, as well as their organisational status (private firm, government agency, industry association, etc.)
b. Information identifying the geographical indication which is being applied for, as well as the goods to which it applies
c. Characteristics of goods covered by the geographical indication which will be used to determine whether goods qualify
d. A summary of the geographical area to be covered by the geographical indication, with supporting documents and maps as required
e. A statement that the application is made in good faith
f. Details of a local agent to be used as the address for government communications relating to the geographical indication (if the applicant resides or conducts most of its business outside of Malaysia)
The estimated time frame from the filing of an application to the issuance of registration certificate for a smooth application is approximately twelve (12) months to fifteen (15) months.
A registered geographical indication is given ten (10) years of protection from the date of filing and is renewable perpetually for every ten (10) years.
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.
Take notethat the right of use is in respect of the products specified in the Registerin accordance with the quality, reputation or characteristic specified in theRegister.
We can assist you in all aspects of geographical indication protection and enforcement. Feel free to contact a member of our team or contact us at general@chphoonlaw.com.my should you have any questions.