Malaysia legislation
Section 77
Section 77
(2)
This section shall apply to the following acts:
(a)
the use in the course of trade of a geographical indication by any means in the designation or presentation of any goods that indicates or suggests, in a manner which misleads the public as to the geographical origin of the goods, that the goods in question originate in a geographical area other than the true place of origin of the goods;
(b)
any use in the course of trade of a geographical indication which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention for the Protection of Industrial Property of 20 March 1883, as revised or amended from time to time, as specified in the Schedule;
Geographical Indications 67
(c)
any use in the course of trade of a geographical indication identifying wines for wines not originating in the place indicated by the geographical indication in question or a geographical indication identifying spirits for spirits not originating in the place indicated by the geographical indication in question, even if the true origin of the wines or spirits is indicated or the geographical indication is used in translation or accompanied by expressions such as “kind”, “type”, “style” or “imitation”
or any similar word or expression.
(3)
Any use in the course of trade of a geographical indication within the meaning of subsection (2) shall be deemed to be an act to which this section applies, even if the geographical indication is literally true as to the geographical origin of the goods in question, provided that such use falsely represents to the public that the goods originate in another country, territory, region or locality.
(4)
For the purposes of subsection (2), “use in the course of trade of a geographical indication” includes the use of a trademark which contains or consists of the geographical indication in question.
(5)
This section shall apply to any use of a registered geographical indication which identifies any goods, other than a wine or spirit, belonging to a category of goods, in relation to any goods which are of the same category as that goods, but which did not originate in the place indicated by the registered geographical indication in question, even if the true origin of those goods is indicated or the geographical indication is used in translation or accompanied by any expressions such as “kind”,
“type”, “style” or “imitation” or any similar word or expression.
(6)
Any use of a registered geographical indication within the meaning of subsection (5) shall be deemed to be an act to which this section applies, even if the geographical indication is literally true as to the geographical origin of the goods in question, provided that such use falsely represents to the public that the goods originate in another country, territory, region or locality.
(7)
Subsection (5) shall not apply to the use of a registered geographical indication to identify an ingredient of any goods, if the geographical indication is literally true as to the geographical origin of the ingredient in question, provided that such use does not falsely represent to the public that the goods originate in the place indicated by the geographical indication.
Act 836
(8)
In an action under this section, the Court may grant—
(a)
an injunction subject to such conditions as the Court deems fit; or
(b)
in any case to which subsection (5), (6) or (7) applies—
(i)
an award of damages or account of profits; and
(ii)
any other legal remedies or reliefs as the Court deems fit.
Homonymous geographical indication