Section 80
Exception for failure to take action
of Geographical Indications Act 2022
ActIn forceProvision 80 of 101
Section 80
(1)
No action under section 77 shall be brought against any person for the use of a trademark which contains or consists of a geographical indication after the expiry of five years—
(a)
from the date of such use by the person or his predecessor in title has become generally known in
Malaysia; or
(b)
from the date of registration of the trademark by the person under the Trademarks Act 2019, whichever is earlier.
(2)
Subsection (1) shall not apply where the trademark was used or registered in bad faith.