Malaysia legislation
Section 16
Section 16
(2)
The notice of opposition filed under subsection (1) shall be accompanied by a statement of the grounds of opposition.
(3)
The opponent shall, within the prescribed period, serve the notice of opposition together with the statement of the grounds of opposition filed with the Registrar under subsections (1) and (2)
to the applicant.
(4)
The applicant shall, within the prescribed period after the receipt of the notice of opposition from the opponent, file a counterstatement in the form as determined by the Registrar together with payment of the prescribed fee.
(5)
If the applicant does not comply with the requirement under subsection (4), the application for the registration of the geographical indication shall be deemed to be withdrawn.
(6)
The counterstatement filed under subsection (4) shall be accompanied by a statement of the grounds of the counterstatement.
Geographical Indications 27
(7)
The opponent and applicant shall file any evidence in the prescribed manner within the prescribed period in support of the opposition or the counterstatement, as the case may be.
(8)
If the opponent or applicant does not comply with the requirement under subsection (7), the opposition or application, as the case may be, shall be deemed to be withdrawn.
(9)
If the applicant files any evidence under subsection (7), the opponent may file any evidence in reply in the prescribed manner.
(10)
The applicant and opponent may file a written submission within the prescribed period.
(11)
Upon considering the evidence and written submission, the Registrar shall decide to—
(a)
refuse to register the geographical indication as filed by the applicant;
(b)
register the geographical indication as filed by the applicant; or
(c)
register the geographical indication as filed by the applicant subject to any condition, amendment, modification or limitation as the Registrar thinks fit.
(12)
Where an appeal is made to the Court against the decision of the Registrar under subsection (11)—
(a)
the appeal shall be made in the prescribed manner;
(b)
the Court shall, where necessary, hear the parties and the
Registrar;
(c)
any party may, either in the prescribed manner or by leave of the Court, file any additional evidence for the consideration of the Court; and
(d)
the opponent shall not introduce any additional ground of opposition to the registration of the geographical indication for the consideration of the Court except by leave of the Court.
Act 836
(13)
Where any additional ground of opposition is introduced by the opponent, the applicant shall be entitled to withdraw his application in the prescribed manner without payment of any cost to the opponent.
(14)
For the purposes of this section, if an opponent, applicant or appellant, neither resides nor carries on business in Malaysia, the Registrar or the Court may require him to give security for costs of the proceedings relating to the opposition, application or appeal, as the case may be.
(15)
For the purposes of subsection (14), the Registrar may determine the manner and form of giving security for costs together with payment of the prescribed fee.
(16)
In default of such security for costs being duly given under subsection (14), the opposition, application for registration of geographical indication, or appeal, as the case may be, is deemed to be withdrawn.
(17)
For the purposes of this section, “opponent” means the interested person referred to in subsection (1).