Malaysia legislation
Section 35
Section 35
(a)
imports into Malaysia for the purpose of trade or manufacture;
(b)
sells, or offers or exposes for sale; or
(c)
has in his possession, custody or control for the purpose of trade or manufacture, any goods to which a registered geographical indication is falsely applied under section 34, unless the person proves that having taken all reasonable precautions against committing an offence under this section, he had, at the time he allegedly committed the offence, no reason to suspect the genuineness of the geographical indication and on demand made by the Assistant Controller as defined in section 39, he gave all the information in his knowledge with respect to the persons from whom he obtained the goods, commits an offence.
Act 836
(2)
Any person who commits an offence under subsection (1)
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 with 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 with the falsely applied registered geographical indication; or
(b)
if the person is not a body corporate, to a fine not exceeding ten thousand ringgit for each of the goods with 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 with the falsely applied registered geographical indication, or to imprisonment for a term not exceeding five years or to both.
(3)
For the purposes of paragraph (1)(c), a person who has in his possession three or more of the goods to which a registered geographical indication is falsely applied is deemed to have in possession the goods for the purpose of trade or manufacture.
Submission of false information to Geographical Indications
Office or false entry in Register