Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
“this Act” includes any subsidiary legislation made under this Act;
“repealed Act” means the Geographical Indications Act 2000
[Act 602];
“goods” means any goods as determined by the Registrar;
“trademark” has the same meaning as assigned to it in the Trademarks Act 2019 [Act 815] or in any previous written law relating to trademark;
“registered trademark” means a trademark registered under the Trademarks Act 2019 or any previous written law relating to trademark;
“well-known trademark” has the same meaning as assigned to it in the Trademarks Act 2019 or any previous written law relating to trademark;
“Register” means the Register of Geographical Indications kept under this Act;
“determined by the Registrar” means any determination made by the Registrar in the guidelines or practice directions under section 95;
“prescribed” means, in relation to proceedings before the Court or preliminary thereto or connected therewith, prescribed by rules of court made by the Rules Committee constituted under the Courts of Judicature Act 1964 [Act 91], and in other cases, prescribed by the Minister in the regulations made under this Act;
“agent” means a geographical indication agent registered in accordance with this Act;
“Court” means the High Court;
Geographical Indications 13
“Minister” means the Minister charged with the responsibility for geographical indications;
“interested person” in relation to goods identified by a geographical indication, means a producer of the goods, a trader of the goods, or an association of such producers, an association of such traders or an association of such producers and traders;
“qualified person” means—
(a)
a citizen of Malaysia or an individual who is residing in Malaysia;
(b)
a body corporate incorporated under any written law in Malaysia; or
(c)
any other person who has a real and effective industrial or commercial establishment in Malaysia;
“Registrar” means the Registrar of Geographical Indications as designated in subsection 3(1);
“protected international registration designating Malaysia”
has the same meaning as assigned to it in the Trademarks Act 2019;
“producer” means any producer, manufacturer or trader of goods identified by the geographical indication;
“use” means use as part of, in connection with—
(a)
any transaction, including a purchase, a sale or an exchange;
(b)
any importation or exportation;
(c)
any advertisement; or
(d)
any invoice, wine list, catalogue, business letter, business paper, price list or other commercial documents;
“Assistant Registrar” means a person appointed to be an Assistant
Registrar under subsection 3(3);
Act 836
“Corporation” means the Intellectual Property Corporation of
Malaysia established under the Intellectual Property Corporation of Malaysia Act 2002 [Act 617];
“geographical indication” means an indication which may contain one or more words 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 its geographical origin;
“registered geographical indication” means a geographical indication that is registered under section 17 or the repealed Act;
“homonymous geographical indication” means a geographical indication that, in part or in whole, has the same spelling as, or sounds the same as, a geographical indication for any goods having a different geographical origin;
“earlier geographical indication” means—
(a)
a geographical indication which has been registered under section 17 or the repealed Act; or
(b)
an application for registration of a geographical indication which has been made under section 8 or the repealed Act, before the date of the application for registration of the geographical indication in question;
“competent authority” means any—
(a)
government or statutory body carrying out the functions of, on behalf of, or sanctioned by, the Government of
Malaysia or the Government of a State;
(b)
government other than the Government of Malaysia; or
(c)
authority which is competent to certify goods, and has the responsibility for the geographical indication in question;
Geographical Indications 15
“Deputy Registrar” means a person appointed to be a Deputy Registrar under subsection 3(3);
“registered proprietor” in relation to a geographical indication, means a person for the time being entered in the Register as proprietor of the geographical indication;
“variant” means any variant of a geographical indication constituting the geographical indication, and includes any translation, transliteration or other variation of the indication.