Geographical Indications Act 2022 (Act 836).

This Act consisting of 101 articles divided into XV Parts aims to provide for the protection and registration of Geographical Indications (GIs) in relation to goods, and for the implementation of relevant treaties and related matters. To this end, the Act seeks to provide a broader scope of protection to GI proprietors and more clarity concerning the examination procedure for registering GIs. According to Article 8(5), eligible to apply to register a GI is the following (i) a person who carries on an activity as a producer, manufacturer, or trader in the geographical area specified in the application concerning the goods and includes an association of such person; (ii) a competent authority, namely (a) any government or statutory body that carries out the functions of, on behalf of, or sanctioned by, the Malaysian Government or a State Government; (b) a government other than the Malaysian Government; or (c) an authority which is competent to certify the goods. It is essential that a competent authority must have responsibility for the GI in question. As for the registration procedures, the registration of a GI can only be sought in respect of any goods falling within one or more of the categories of goods as set out in the guidelines or practice directions issued by the Registrar of Geographical Indications. The Registrar shall carry out a search of any earlier geographical indications or earlier trademarks. If the GI application does not meet any registration requirements, the Registrar will issue a provisional refusal notice in writing to the applicant on the grounds of provisional refusal. The applicant will have the opportunity to respond to the aforementioned provisional refusal. While, if an application for a geographical indication is accepted, the Registrar shall issue a notice of acceptance requiring the applicant to pay the prescribed fee within a prescribed time limit. Article 10 lists the reasons for the rejection of the registration application. Upon receipt of the payment, the acceptance of the application, along with all of its conditions, amendments, modifications, or limitations, will be published in the Intellectual Property Official Journal which shall contain (a) all matters relating to geographical indications which are required to be published under this Act; and (b) any information relating to geographical indication as the Registrar thinks necessary.
The Act consists of the following Parts: Preliminary (I); Administration (II); Register of Geographical Indications and Record of Registrar (III); Registration of Geographical Indications (IV); Period and Renewal of Registration of Geographical Indication (V); Correction and Cancellation (VI); Effects of Registered Geographical Indication (VII); Geographical Indication Agents (VIII); Offence (IX); Investigation and Enforcement (X); Legal Proceedings in Court, Costs, and Evidence (XI); Protection for Geographical Indication (XII); Exceptions (XIII); Miscellaneous and General (XIV); Repeal, Saving, and Transitional (XV).