WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Iutellectual Property Rights IP/N/l!MYS/G/l 
23 November 2001 
(01-5953) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
MALAYSIA 
The present document reproduces the text] of the Geographical Indications Act 2000 
(Act 602), as notified by Malaysia under Article 63.2 of the Agreement (see document 
IPINIl/MYSIl ). 
Omseil des aspects des droits de propriete 
inteUectueUe qui touchent an commerce 
PRINCIPALES 1,OIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES A U TITRE 
DE VARTICLE 63:2 DE VACCORD 
MALAISIE 
Le present document contient le texte1 de la Loi de 2000 sur les indications geographiques 
(Loi nO 602), notifiee par la Malaisie au titre de J'article 63:2 de l'Accord (voir le document 
IPlNllIMYSIl ). 
Consejo de los Aspectos de los Derechos de Pro pied ad 
Intelectnal relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PARRAFO:2 DEL ARTICULO 63 DEL ACUERDO 
MALASIA 
En el presente documento se reproduce el texto] de la Ley sobre Indicaciones GeogrMicas 
de 2000 (Ley 602), que Malasia notifico de conformidad con 10 dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IPINIl/MYSIl). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.!En anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de l'OMC.lEn ingles solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. 1 P/NI liMY SIGil 
Page 2 
LAWS OF M LAYSIA 
Act 602 
GEOGRAPHICAL INDICATIONS ACT 2000 LA WS OF MALAYSIA 
Act 602 
GEOGRAPHICAL INDICATIONS ACT 2000 
ARRANGEMENT OF SECTIONS 
PART I 
PRELIMINARY 
I. Short title and commencement 
2. Interpretation 
PART n 
PROTECTION OF GEOGRAPHICAL INDICATIONS 
3. Protection of geographical indications 
4. Exclusion from protection 
5. Institution of proceedings for injunction and damages 
6. Failure to take action 
7. Homonymous geographical indications for wines 
PART HI 
ADMINISTRATION 
8. Registrar, Deputy Registrars and Assistant Registrars 
9. Geographical indications offices 
10. Register of Geographical Indications 
PART IV 
REGISTRATION OF GEOGRAPHICAL INDICATIONS 
11. Persons who may apply for registration 
12. Application for registration 
13. Application for registration to be advertised 
14. Opposition to application for registration 
15. Reply by applicant 
16. Filing of documentary evidence in support 
17. Failure to file documentary evidence IPlNllIMYS/GIl 
Page 3 JP /NI llMYS/GIl 
Page 4 
18. Appeal to Court 
19. Registration of geographical indication 
20. Presumption where geographical indication is registered 
21. Right of use 
PART V 
OTHER POWERS OF THE REGISTRAR 
22. Cancellation and rectification of registration 
23. Correction of errors 
24. Extension of time 
25. Power to award costs 
26. Security for costs 
PART VI 
SPECIAL PROVISIONS 
27. Extent of application 
28. Exception for prior use 
29. Exception for use of personal name 
PART vn 
MISCELLANEOUS 
30. Procedure of appeal 
31. Decision of Court to be final 
32. Regulations 
SCHEDULE LA WS OF IVIALA YSIA 
Act 602 
GEOGRAPHICAL INDICATIONS ACT 2000 IPINIIIMYS/GIl 
Page 5 
An Act to provide for the protection of geographical indications 
and for matters connected therewith. 
[ ] 
ENACTED by the Parliament of Malaysia as follows: 
PART I 
PRELIMIN AR Y 
Short title and commencement 
1. (1) This Act may be cited as the Geographical Indications Act 
2000. 
(2) This Act shall come into operation on a date to be appointed 
by the MInister by notification in the Gazette. 
Interpretation 
2. In this Act, unless the context otherwise requires-
"competent authority" means any government or statutory body 
carrying out the functions of, on behalf of, or sanctioned by, the 
Government; 
"Court" means the High Court; 
"geographical indication" means an indication which identifies 
any goods as originating in a country or territory, or a region or 
locality in that country or territory, where a given quality, reputation 
or other characteristic of the goods is essentially attributable to 
their geographical origin; 
"goods" means any natural or agricultural product or any product 
of handicraft or industry; IPINIIIMYS/GIl 
Page 6 
"interested person" means any of the persons specified in section 
11; 
"Minister" means the Minister responsible for trade marks; 
"Paris Convention" means the Paris Convention for the Protection 
of Industrial Property of 20 March 1883, as revised or amended 
from time to time; 
"producer" means-
(a) any producer of agricultural products; 
(b) any person exploiting natural products; 
(e) any manufacturer of products of handicraft or industry; 
or 
(d) any trader dealing in any of the products mentioned 
paragraphs (a), (b) or (e); 
"protectable geographical indication" means a geographical 
indication which does not fall within any of the categories of 
geographical indications specified in section 4; 
"Register" means the Register of Geographical Indications kept 
under this Act; 
"Registrar", "Deputy Registrar" and "Assistant Registrar" mean 
respectively the Registrar of Geographical Indications, the Deputy 
Registrar of Geographical Indications and the Assistant Registrar 
of Geographical Indications, as the case may be, appointed under 
section 8. 
PART II 
PROTECTION OF GEOGRAPHICAL INDICA nONS 
Protection of geographical indications 
3. Protection under this Act shall be given to a geographical 
indication-
(a) regardless whether or not the geographical indication is 
registered under this Act; and 
(b) as against another geographical indication which, although 
literally true as to the country, territory, region or locality 
in which the goods originate, falsely represents to the 
public that the goods originate in another country, territory, 
region or locality. Exclusion from protection IPlNllIMYS/GIl 
Page 7 
4. Notwithstanding section 3, the following shall not be protected 
as geographical indications: 
(a) geographical indications that do not correspond to the 
meaning of "geographical indication" as defined in 
section 2; 
(b) geographical indications which are contrary to public 
order or morality; 
(c) geographical indications which are not or have ceased to 
be protected in their country or territory of origin; or 
(d) geographical indications which have fallen into disuse in 
their country or territory of origin. 
Institution of proceedings for injunction and damages 
5. (1) Any interested person may institute proceedings in the 
Court to prevent, in respect of geographical indications-
(a) the use in the course of trade of any means in the designation 
or presentation of any goods that indicates or suggests, 
in a manner which misleads the public as to the geographical 
origin of the goods, that the goods in question originate 
in a geographical area other than the true place of origin; 
(b) any use the course of trade which constitutes an act 
of unfair competition within the meaning of Article lObis 
of the Paris Convention as set out in the Schedule; 
( c) any use in the course of trade of a geographical indication 
which, although literally true as to the country, territory, 
region or locality in which the goods originate, falsely 
represents to the public that the goods originate in another 
country, territory, region or locality; or 
(d) any use in the course of trade of a geographical indication 
identifying wines for wines not originating in the place 
indicated by the geographical indication in question or 
a geographical indication identifying spirits for spirits 
not originating in the place indicated by the geographical 
indication in question, even where the true origin of the 
wines or spirits is indicated or the geographical indication 
is used translation or accompanied by expressions 
such as "kind", "type", "style" or "imitation". 
(2) The Court may grant an injunction to prevent any unlawful 
use of the geographical indication and award any damages and any 
other legal remedy or relief as it deems fit. IPINI liMY SIGil 
Page 8 
Failure to take action 
6. (1) No action under section 5 shaH be brought against a person 
for the use of a trade mark which contains or consists of a geographical 
indication after the expiry of five years-
(a) from the date such use by that person or his predecessor 
in. title has become generally known in Malaysia; or 
(b) from the date of registration of the trade mark by that 
person under the Trade Marks Act 1976 [Act 175], 
whichever is earlier. 
(2) Subsection (1) shall not apply where the trade mark was 
used or registered in bad faith. 
Homonymous geographical indications for wines 
7. (1) In the case of homonymous geographical indications for 
wines, protection shall be accorded to each indication. 
(2) The Registrar, in cases of bona fide concurrent use of 
homonymous geographical indications, shall determine the practical 
conditions under which the homonymous geographical indications 
in question will be differentiated from each other, taking into 
account the need to ensure equitable treatment of the producers 
concerned and that the public are not misled. 
PART HI 
ADMINISTRA nON 
Registrar, Deputy Registrars and Assistant Registrars 
8. (1) The Minister may appoint a Registrar of Geographical 
Indications who shall be conferred with powers and functions for 
the proper administration of this Act. 
(2) The Minister may appoint such number of Deputy Registrars 
of Geographical Indications and Assistant Registrars of Geographical 
Indications as may be necessary for carrying out the provisions of 
this Act. 
(3) The Deputy Registrars and Assistant Registrars may exercise 
any of the functions and powers of the Registrar under this Act. 
(4) The Registrar shall have a seal of such device as may be 
approved by the Minister and the impressions of such seal shall 
be judicially noticed and admitted in evidence. Geographical indications offices IPINI1IMYS/G/I 
Page 9 
9. (1) A Central Geographical Indications Office and such number 
of branch offices of the Central Geographical Indications Office 
as may be necessary for the purposes of this Act shall be established. 
(2) Any application or other document required or permitted to 
be filed at the Central Geographical Indications Office may be 
filed at any branch office of the Central Geographical Indications 
Office and such application or other document shall be deemed to 
have been filed at the Central Geographical Indications Office. 
Register of Geographical Indications 
10. (1) The Registrar shall keep and maintain a register called 
the Register of Geographical Indications in which all particulars 
as the Registrar deems appropriate shall be recorded. 
(2) The Register shall be kept in such form and on such material 
as may be prescribed. 
(3) The Register shall be open to the inspection of the public 
at such times and in accordance with such conditions as may be 
prescribed. 
(4) A certified true copy or extract of any entry in the Register 
sealed with the seal of the Registrar shall be given to any person 
requiring the' copy or extract on payment of the prescribed fee. 
PART IV 
REGISTRATION OF GEOGRAPHICAL INDICATIONS 
Persons who may apply for registration 
11. (1) The following persons shall be entitled to file an application 
for registration of a geographical indication: 
(a) 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 a group or groups of such person; 
(b) a competent authority; or 
(c) a trade organisation or association. 
(2) Where the applicant's ordinary residence or principal place 
of business is outside Malaysia, he shall appoint, to act on his 
behalf, an agent who-
(a) is domiciled or resident Malaysia; IPlNlI/MYS/G/l 
Page 10 
(b) is constituted under the laws of Malaysia; or 
(c) carries on business or practice principally in Malaysia. 
Application for registration 
12. (1) An application for the registration of a geographical 
indication shall be filed with the Registrar in the prescribed manner 
and shall specify-
(a) the name, address and nationality of the natural person 
or legal entity filing the application, and the capacity in 
which the applicant is applying for registration; 
( b) the geographical indication for which registration is sought; 
(c) the geographical area to which the geographical indication 
applies; 
(d) the goods for which the geographical indication applies; 
(e) the quality, reputation or other characteristic of the goods 
for which the geographical indication is used; and 
(f) any other particulars as may be prescribed. 
(2) An application under subsection (1) shall be accompanied 
by the prescribed fee. 
Application for registration to be advertised 
13. If the Registrar is satisfied after examining the application for 
registration, that the application has complied with the requirements 
of sections 11 and 12 and that the geographical indication sought 
to be registered is not contrary to public order and morality, the 
Registrar shall cause the application to be advertised in a manner 
as may be prescribed. 
Opposition to application for registration 
14. (1) Any interested person may, within t\\'o months from the 
date of advertisement of an application for registration, give notice 
to the Registrar and the applicant of his intention to oppose the 
application on the grounds that the geographical indication sought 
to be registered by the applicant-
(a) does not fall within the meaning of the definition of 
"geographical indication" under this Act; 
(b) is contrary to public order or morality; IPINIlIMYS/GIl 
Page 11 
(c) is not or has ceased to be protected in its country of 
oricrin' or (;) , 
(d) has fallen into disuse in its country of origin. 
(2) The notice shall be given in writing in the prescribed manner 
and shall include a statement of the grounds of opposition. 
Reply by applicant 
15. (1) The applicant shall within two months after the receipt 
of the notice of opposition send a reply to the Registrar and the 
opponent, in the prescribed manner, of the grounds for his application 
for registration. 
(2) If the applicant fails to reply to the opposition within the 
period specified in subsection (l) or, if the period has been extended 
by the Registrar, within the additional period, the applicant shall 
be deemed to have abandoned his application for registration. 
Filing of documentary evidence in support 
16. (1) Where the applicant submits a reply under subsection 
15(1), the opponent and applicant shall file documentary evidence 
in support of the opposition or the application for registration, as 
the case may be, with the Registrar. 
(2) Any documentary evidence to be filed by the opponent or 
applicant under subsection (1) shall be filed within the prescribed 
time and in the prescribed manner. 
(3) Where the applicant files the documentary evidence in support 
of his application for registration, the opponent may be given an 
opportunity, within the prescribed time, to submit to the Registrar 
and applicant evidence in reply to be adduced in the prescribed 
manner. 
(4) After considering the documentary evidence filed by the 
opponent and applicant, and after giving both parties an opportunity 
to make submissions, the Registrar shall decide whether-
(a) to refuse to register the geographical indication; 
(b) to register the geographical indication; or 
(c) to register the geographical indication subject to such 
conditions, amendments, modifications or limitations as 
he may think fit. 
(5) The Registrar shall within two months after making a decision 
under subsection (4) prepare his grounds of decision in writing. IPIN11/MYS/G/I 
Page 12 
(6) Any person aggrieved by the decision of the Registrar under 
subsection (4) may appeal to the Court. 
Failu:re to file documenta:ry evidence 
17. (1) Where the applicant fails to file the documentary evidence 
as required under subsection 16(1), the Registrar shaH be entitled 
to treat the application for registration as abandoned. 
(2) Where the opponent fails to file the documentary evidence 
as required under subsection 16(1), the Registrar shall be entitled 
to treat the opposition as abandoned and shall register the application 
and issue to the applicant a certificate of registration in the prescribed 
form. 
Appeal to Cou:rt 
18. (1) In any appeal under subsection 16(6), the Court may, 
after hearing the parties, make an order for-
(Cl) the geographical indication to be registered; 
(b) the geographical indication to be registered subject to 
any modification which shall not in any manner 
substantially affect the identity of the geographical 
indication; or 
(c) the geographical indication not to be registered. 
(2) Where the Court makes an order under paragraph (1)(a) or 
( b), the Registrar shall register the geographical indication as required 
and issue to the applicant a certificate of registration in the prescribed 
form. 
Regist:ration of geog:raphical indication 
19. Where the Registrar is satisfied that the application for 
registration of a geographical indication complies with the 
requirement of sections 14 and 15 and that the geographical indication 
sought to be registered is not contrary to public order or morality 
and-
(a) no opposition has been filed under section 14; or 
(b) the Registrar has made a decision under paragraph 16(4)(b) 
or (c) and no appeal has been filed against that decision, 
the Registrar shall register the geographical indication and issue 
to the applicant a certificate of registration in the prescribed form. IPINI1IMYS/GIl 
Page 13 
Presumption where geographical indication is registered 
20. (1) A geographical indication registered under this Act shall, 
in any proceedings, raise a presumption that such indication is a 
geographical indication within the meaning of section 2. 
(2) A certificate of registration issued under this Act shall be 
prima facie evidence of the facts stated in the certificate and of 
the validity of the registration. 
Right of use 
21. (1) In the case of registered geographical indications, 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 shall be in respect of the products specified 
in the Register in accordance to the quality, reputation or characteristic 
specified in the Register. 
PART V 
OTHER POWERS OF THE REGISTRAR 
Cancellation and rectification of registration 
22. (1) The Registrar may, on the request of any interested person 
and upon payment of the prescribed fee-
(a) cancel the registration of a geographical indication on 
the ground that the geographical indication does not qualify 
for protection as such having regard to section 4; or 
(b) rectify the registration of a geographical indication on 
the ground that the geographical area specified in the 
registration does not correspond to the geographical 
indication, or that the indication of the products for which 
the geographical indication is used or the indication of 
the quality, reputation or other characteristic of such 
products is missing or unsatisfactory. 
(2) The persons who request for the cancellation or rectification 
of the registration of the geographical indication under subsection 
(1) shall give notice to the applicant who filed the application for 
registration of the geographical indication or his successor in title. 
(3) The Registrar shall, in a manner to be prescribed, notify all 
persons having the right to use the geographical indication under 
section 21. IPlNllIMYS/G/l 
Page 14 
(4) The persons referred to subsection (3) and any other 
interested persons may, within a period which shall be specified 
by the Registrar, apply to the Registrar to join in any proceedings 
which may be held by the Registrar to determine whether or not 
the registration of the geographical indication should be cancelled 
or rectified. 
(5) The Registrar shall within two months after making a decision 
under subsection (1) prepare his grounds of decision in writing. 
(6) Any person aggrieved by the decision of the Registrar under 
subsection (1) may appeal to the Court. 
Correction of errors 
23. The Registrar may correct any error of translation or 
transcription, clerical error or mistake in any application or document 
filed with the Registrar or in any matter recorded pursuant to this 
Act or the regulations made under this Act. 
Extension of time 
24. Where by this Act or any regulations made under this Act, 
a time is specified within which an act or thing is to be done, the 
Registrar may, upon receiving a written request so to do and if he 
is satisfied that the circumstances justify it, extend the time either 
before or after its expiration, upon payment of the prescribed fee. 
Power to award costs 
25. 0) In all proceedings before the Registrar under this Act, the 
Registrar shall have power to award to any party such costs as he 
may consider reasonable. 
(2) Costs awarded by the Registrar may in default of payment 
be recovered in a court of competent jurisdiction by the party to 
whom the costs were awarded as if they were debts due to such 
party. 
Security for costs 
26. (1) The Registrar may require any person who gives a notice 
of opposition under section 14, or an applicant who gives a reply 
to the notice of opposition under section 15, who does not reside 
or carry on business in Malaysia to give security for costs of the 
proceedings before the Registrar relating to the opposition or 
application. IP /NI liMY SIGil 
Page 15 
(2) The Registrar may treat the opposition or application as 
abandoned if the security for costs as required under subsection 
(1) is not paid. 
(3) The security for costs shall be refundable or be considered 
as part of the payment of the costs of the proceedings, as the case 
may be. 
PART VI 
SPECIAL PROVISIONS 
Extent of application 
27. (1) This Act shall apply to a protectable geographical indication 
in existence before the commencement of this Act as it applies to 
a protectable geographical indication in existence after the 
commencement of this Act. 
(2) In respect of a geographical indication in existence before 
the commencement of this Act, no suit or proceedings shall be 
brought under this Act for anything done before the commencement 
of this Act. 
Exception for prior use 
28. (1) Nothing in this Act shall prevent continued and similar 
use in Malaysia of a particular geographical indication of another 
country identifying wines or spirits in connection with goods or 
services by any nationals or domiciHaries of Malaysia who have 
used that geographical indication in a continuous manner with 
regard to the same or related goods or services in Malaysia either-
(a) for at least ten years before 15 April 1994; or 
( b) in good faith before 15 April 1994. 
(2) Where a trade mark has been applied for or registered in 
good faith, or where rights to a trade mark have been acquired 
through use in good faith either-
(a) before the commencement of this Act; or 
(b) before the geographical indication is protected in its country 
of origin, IP/N/I/MYS/G/l 
Page 16 
this Act shaH not prejudice the registrability or the validity of the 
registration of the trade mark, or the right to use the trade mark, 
on the basis that such a trade mark is identical with or similar to 
a geographical indication. 
(3) Nothing in this Act shall apply in respect of a geographical 
indication of any country with respect to goods or services for 
which the relevant indication is identical with the term customary 
in common language as the common name for such goods or 
services in Malaysia or in respect of a geographical indication of 
any other cC?untry with respect to products of the vine for which 
the relevant indication is identical with the customary name of a 
grape variety existing Malaysia as of 1 January 1995. 
Exception for use of personal name 
29. This Act shall not prejudice the right of any person to use, 
in the course of trade, that person's name or the name of that 
person's predecessor in business, except where such name is used 
in such a manner as to mislead the public. 
PART VII 
MISCELLANEOUS 
Procedure of appeal 
30. The same rules of procedure which apply to appeals to the 
High Court from a decision of a subordinate court in civil matters 
shall apply to appeals against a decision of the Registrar under 
subsections' 16(6) and 22(6). 
Decision of Court to be final 
31. In any appeal against the decision of the Registrar under 
subsections 16(6) and 22(6), the decision of the Court shall be 
final and not be subject to any further appeal. 
Regulations 
32. (1) Subject to the provisions of this Act, the Minister may 
make regulations for the purpose of carrying into effect the provisions 
of this Act. IPINIIIMYS/GI1 
Page 17 
(2) In particular and without prejudice to the generality of 
subsection (1), regulations made under this section may provide 
for all or any of the following: 
(a) to regulate the procedure to be followed in connection 
with any proceedings or other matters before the Registrar 
or the Central Geographical Indications Office under this 
Act including the service of documents; 
(b) to prescribe the fees to be paid in connection with any 
proceedings or other matters or in connection with the 
provision of any service by the Registrar or the Central 
Geographical Indications office, and to prescribe the amount 
of such fees and to allow different fees in certain 
circumstances for certain prescribed cases; 
( c) to prescribe forms and other matters to be used under this 
Act; 
(d) to regulate the keeping of the Register and to prescribe 
its form and contents; and to prescribe the conditions and 
fees for making any extracts of the Register; 
(e) to regulate the mode of giving evidence in any proceedings 
before the Registrar under this Act and to empower the 
Registrar to compel the attendance of witnesses and the 
discovery and production of documents; 
(/) for doing anything required to be done in connection 
with any proceedings or other matters before the Registrar 
or the Central Geographical Indications Office; 
(g) to prescribe time limits; and 
(h) to regulate generally matters pertaining to the business 
of the registration of geographical indications carried on 
in the Central Geographical Indications Office whether 
or not specially prescribed under this Act. lP/N/lIMYS/G/] 
Page 18 
SCHEDULE 
[Paragraph 5(l)(b)] 
PROVISIONS OF THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL 
PROPERTY (1967) 
Article lObis 
[Unfair Competition] 
(1) The countries of the Union are bound to assure to nationals of such 
countries effective protection against unfair competition. 
(2) Any act of competition contrary to honest practices In industrial or 
commercial matters constitutes an act of unfair competition. 
(3) The following in particular shall be prohibited: 
1. all acts of such a nature as to create confusion by any means whatever 
with the establishment, the goods, or the industrial or commercial 
activities, of a competitor; 
2. false allegations in the course of trade of such a nature as to discredit 
the establishment, the goods, or the industrial or commercial activities, 
of a competitor; 
3. indications or allegations the use of which in the course of trade is 
liable to mislead the public as to the nature, the manufacturing process, 
the characteristics, the suitability for their purpose, or the quantity, 
of the goods. 