Section 81
Exception for prior use
of Geographical Indications Act 2022
Section 77 shall not apply to the use by a qualified person of a particular geographical indication of another country identifying wines or spirits in relation to any goods or services if the qualified person has, or he and his predecessor in title have, continuously used that geographical indication in Malaysia in relation to those goods or services or related goods or services either—
(a)
for at least ten years before 15 April 1994; or
(b)
in good faith before 15 April 1994.
Act 836
(2)
Section 77 shall not apply to the use by a person of a trademark which is identical or similar to a geographical indication if—
(a)
the application for the registration of the trademark was made in good faith, or the trademark was registered in good faith, under the Trade Marks Act 1976; or
(b)
he has, or he and his predecessor in title have, continuously used that trademark in good faith in Malaysia in the course of trade, either before 15 August 2001 or before the geographical indication in question is protected in its country or territory of origin.