Malaysia legislation
Section 100
Section 100
(2)
Notwithstanding the repeal of the Geographical Indications
Act 2000 under subsection (1)—
(a)
any appointment made under the repealed Act shall, on the date of coming into operation of this Act, continue in force and have effect as if the appointment had been made under this Act;
(b)
all decisions, directions and notices made or issued under the repealed Act shall, to the extent that the decisions, directions and notices are consistent with this Act, on the date of coming into operation of this Act, continue in force until such decisions, directions and notices are revoked or amended;
(c)
any registration and any matter relating to it made under the repealed Act and is in force immediately before the date of coming into operation of this Act shall, subject to the terms, conditions, limitations and the duration of validity specified in the certificate of registration, on the date of coming into operation of this Act, continue in force and have the like effect as if the certificate of registration had been issued under this Act and the
Registrar or Court may correct, renew or cancel the registration in accordance with the powers conferred upon him or it by the relevant provisions of this Act;
Act 836
(d)
any matter required to be advertised under the provisions of the repealed Act which is pending publication in the Gazette before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, be published in the Intellectual Property Official
Journal and such matter shall be deemed to have been advertised under the repealed Act; and
(e)
any registration of geographical indication agent under the repealed Act and is in force immediately before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, continue to be in force and have effect as if the registration had been made under this Act and the Registrar may renew or cancel the registration of a geographical indication agent in accordance with the powers conferred upon him by the relevant provisions of this Act.
(3)
Any matter which is required to be advertised under the provisions of the repealed Act and published in the Gazette before the date of coming into operation of this Act—
(a)
shall be deemed to have been published in the Intellectual
Property Official Journal and section 85 of this Act shall apply accordingly without prejudice to any other written law; and
(b)
shall continue to remain in force until otherwise published in the Intellectual Property Official Journal.
(4)
Any application for registration of a geographical indication under the repealed Act which is pending on the date of coming into operation of this Act shall be dealt with under the repealed
Act, and if registered, the geographical indication shall be treated for the purposes of this Act as a registered geographical indication.
(5)
Any geographical indication registered under the repealed
Act and is in force immediately before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, subject to the provisions of this Act, be a registered geographical indication for the purposes of this Act.
Geographical Indications 83
(6)
Section 19 of this Act shall, on the date of coming into operation of this Act, apply to any geographical indication registered under the repealed Act of which the renewal of the registration of the geographical indication falls due on or after the date of coming into operation of this Act.
(7)
For the purposes of subsection (6), the requirement for the renewal of the registration of the geographical indication under this Act shall apply regardless that the renewal fee has been paid before the date of coming into operation of this Act.
Guidelines, etc., on transitional matters