Geographical Indications Act 2000 · Updated to 1 Jan 2006 · Part VI · Special Provisions
28. Exception for prior use
Feedback & supportNothing in this Act shall prevent continued and similar use in Malaysia of a particular geographical indication of another country identifying wines or spirits in connection with goods or services by any nationals or domiciliaries of Malaysia who have
geographical indication
“geographical indication” means an indication which identifies any goods as originating in a country or territory, or a region or locality in that country or territory, where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin;
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used that geographical indication in a continuous manner with regard to the same or related goods or services in Malaysia either—
goods
“goods” means any natural or agricultural product or any product of handicraft or industry;
for at least ten years before 15 April 1994; or
in good faith before 15 April 1994.
Where a trade mark has been applied for or registered in good faith, or where rights to a trade mark have been acquired through use in good faith either—
before the commencement of this Act; or
before the geographical indication is protected in its country of origin, this Act shall not prejudice the registrability or the validity of the registration of the trade mark, or the right to use the trade mark, on the basis that such a trade mark is identical with or similar to a geographical indication.
Nothing in this Act shall apply in respect of a geographical indication of any country with respect to goods or services for which the relevant indication is identical with the term customary in common language as the common name for such goods or services in Malaysia or in respect of a geographical indication of any other country with respect to products of the vine for which the relevant indication is identical with the customary name of a grape variety existing in Malaysia as of 1 January 1995.