Malaysia legislation
Section 34
Section 34
(a)
he applies the geographical indication or any indication directly or indirectly referring to the geographical indication to the goods without the consent of the registered proprietor; and
(b)
the goods are—
(i)
not the genuine goods of the registered proprietor, person authorized by the registered proprietor or person who has the right to use the geographical indication under section 28; or
(ii)
not in accordance with the quality, reputation or characteristic as specified in the Register.
(2)
For the purposes of subsection (1)—
(a)
a geographical indication or any indication directly or indirectly referring to the geographical indication is applied to the goods if it is applied directly unto the goods themselves;
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(b)
a geographical indication or any indication directly or indirectly referring to the geographical indication shall be deemed to have been applied to the goods if it is used in—
(i)
any sign or advertisement; or
(ii)
any invoice, catalogue, business letter, business paper, price list or other commercial documents, including any such document in any medium;
and the goods are delivered to a person pursuant to a request or order made by reference to the geographical indication as so used;
(c)
a geographical indication or any indication directly or indirectly referring to the geographical indication shall be deemed to have been applied to the goods if—
(i)
it is applied to any covering, label, reel or thing in or with which the goods are sold, offered or exposed for sale or are in possession for the purpose of trade or manufacture; and
(ii)
it is used in a manner that is likely to lead persons to believe that it refers to, describes or designates the goods.
(3)
Any person who falsely applies a registered geographical indication or any indication directly or indirectly referring the geographical indication to the goods under subsection (1) commits an offence and shall, on conviction, be liable—
(a)
if the person is a body corporate, to a fine not exceeding fifteen thousand ringgit for each of the goods bearing the falsely applied registered geographical indication, and for a second or subsequent offence, to a fine not exceeding thirty thousand ringgit for each of the goods bearing the falsely applied registered geographical indication; or
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(b)
if the person is not a body corporate, to a fine not exceeding ten thousand ringgit for each of the goods bearing the falsely applied registered geographical indication or to imprisonment for a term not exceeding three years or to both, and for a second or subsequent offence, to a fine not exceeding twenty thousand ringgit for each of the goods bearing the falsely applied registered geographical indication, or to imprisonment for a term not exceeding five years or to both.
(4)
For the purposes of subparagraph (2)(c)(i)—
(a)
“covering” includes any stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper; and
(b)
“label” includes any band or ticket.
(5)
In a prosecution under this section, the burden of proving the consent of the registered proprietor of the geographical indication shall be upon the accused person.
Importing or selling, etc., goods with falsely applied geographical indication