Malaysia legislation
Section 23
Section 23
(a)
the geographical indication was registered in breach of section 10 except for paragraph 10(1)(e);
(b)
the registration of the geographical indication was obtained fraudulently or by misrespresentation;
(c)
the geographical indication has fallen into disuse or has ceased to be protected in its country or territory of origin;
(d)
there has been a failure by a registered proprietor to maintain, in Malaysia, any commercial activity or interest in relation to the geographical indication, including commercialisation, promotion or market monitoring; or
(e)
in consequence of the failure to maintain any commercial activity or interest in relation to the geographical indication, including commercialisation, promotion or market monitoring in Malaysia by any interested party of goods identified by the registered geographical indication, the geographical indication has become the common name of the goods in Malaysia.
(2)
Upon an application made under subsection (1), the person shall notify the producer having the right to use the geographical indication under section 28 which is within his knowledge in the manner as determined by the Registrar.
(3)
The producer referred to in subsection (2) and any other interested person may, within a period as determined by the Court, apply to the Court for leave to join any proceedings which may be heard by the Court to determine whether or not the registration of the geographical indication should be cancelled.
(4)
Where the registration of the geographical indication is cancelled by the Court on any ground under paragraph (1)(a) or (b), the geographical indication shall be deemed to never have been registered, but the cancellation shall not affect transactions past and closed.
Geographical Indications 33
(5)
Where the registration of the geographical indication is cancelled by the Court on any ground under paragraph (1)(c), (d)
or (e), the rights conferred by the registration of the geographical indication on any interested person of goods identified by the geographical indication shall cease to exist with effect from—
(a)
the date of the application for cancellation is made; or
(b)
if the Court is satisfied that the ground existed on an earlier date, that earlier date.
(6)
Where cancellation of the registered geographical indication is made by the Court under this section, the person who made an application to cancel the registration shall notify all persons having rights in the registered geographical indication who is within his knowledge in the manner as determined by the Registrar about the cancellation.
(7)
For the purposes of this section, “within his knowledge”
includes information in the Register of the producer having the right to use the geographical indication.
Cancellation of registration of any variant