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Geographical Indications Act 2022

GEOGRAPHICAL INDICATIONS ACT 2022

AKTA PETUNJUK GEOGRAFI 2022

Act 836 · consolidated to 16 Mar 2022 · 83 pp

Intellectual property rightsSocio-economic rights
This copy of the Act is 4 years old. Any amendment made since 16 March 2022 is not in this text. Check the AGC record for later amendments.
Why it matters

What this does to artists

The instrument for craft and heritage products tied to a place. Songket, batik, pua kumbu, Sarawak and Sabah craft traditions, regional foodstuffs. It protects a collective, place-based reputation rather than one producer's brand, which is the right shape for craft communities.

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Replaced the Geographical Indications Act 2000 (Act 602) on 18 March 2022.

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What to read first

Section numbers read out of the AGC text itself

s.10Grounds for refusal of registration of geographical indication
topicRight to use registered geographical indication
s.28Right of use of producer
s.25Rights conferred under registered geographical indication
Full arrangement of sections 98 sections · show / hide

Extracted from the AGC PDF on this page.

s.1Short title, commencement and application
s.3Registrar, Deputy Registrar and Assistant Registrar
s.4Protection of Registrar, Deputy Registrar, Assistant Registrar and other officers
s.5Geographical Indications Office and other branch offices
s.6Register of Geographical Indications and record of Registrar
s.7Inspection of Register
s.8Application for registration of geographical indication
s.9Registration only in respect of goods falling within categories of goods Grounds for refusal of registration
s.10Grounds for refusal of registration of geographical indication
s.11Registration of homonymous geographical indication Examination
s.12Examination of application for registration of geographical indication
s.13Acceptance of application for registration of geographical indication
s.14Publication of acceptance of application for registration of geographical
s.15Amendment or withdrawal of application for registration of geographical
s.16Opposition proceedings
s.17Registration of geographical indication
s.18Period of registration of geographical indication
s.19Renewal of registration of geographical indication
s.21Correction of Register and record of Registrar
s.22Voluntary cancellation of registered geographical indication
s.23Cancellation of registered geographical indication by Court
s.24Cancellation of registration of any variant
s.25Rights conferred under registered geographical indication
s.26Transfer of registration of registered geographical indication
s.27Registration as prima facie evidence
s.28Right of use of producer
s.29Recognition of registered geographical indication agent
s.30Register of Geographical Indications Agents
s.31Registration of geographical indication agent
s.32Cancellation of registration of geographical indication agent, etc
s.33Privileged communications with registered geographical indication agent
s.34Falsely applying registered geographical indication to goods
s.35Importing or selling, etc., goods with falsely applied geographical
s.36Submission of false information to Geographical Indications Office or false entry in Register
s.37Falsely representing geographical indication as registered
s.38Offence relating to disobedience to summons or refusal to give evidence
s.40Powers of Controller, Deputy Controller and Assistant Controller
s.41Power of investigation
s.42Complaints to Assistant Controller Information gathering powers
s.43Power of Assistant Controller to require provision of information
s.44Assistant Controller may retain document
s.45Confidentiality
s.46Privileged communication
s.47Giving false or misleading information, evidence or document
s.48Destruction, concealment, mutilation and alteration of records Powers of arrest, search, seizure, etc
s.49Power of arrest
s.50Power to enter premises, inspect and seize goods, etc
s.51Magistrate may issue search warrant
s.52Search may be made without warrant
s.53Access to recorded information or computerized data, etc
s.54Tipping-off
s.55Search warrant valid notwithstanding defects
s.56List of things seized
s.57Forfeiture of seized goods, etc
s.58Release of seized goods, etc
s.59No cost or damages arising from seizure to be recoverable
s.60Obstruction
s.61Evidence of agent provocateur is admissible
s.62Taking of samples
s.63Jurisdiction to try offences
s.64Institution of prosecution
s.65Compounding of offences
s.66Principal liable for acts of servant or agent
s.67Offences committed by body corporate
s.68Protection of Controller, Deputy Controller and Assistant Controller and other persons
s.69Service of application, order or judgment on Registrar
s.70Registrar not to be made party to certain proceedings
s.71Appearance of Registrar in proceedings before Court
s.72Costs of proceedings before court
s.73Certificate of validity
s.74Evidentiary value of copies certified by Registrar
s.75Sealed copies of document to be evidence
s.76Electronic form, etc., certified by Registrar admissible in evidence
s.77Institution of proceedings against certain uses of geographical indication
s.78Homonymous geographical indication
s.79Exception for certain uses of geographical indication
s.80Exception for failure to take action
s.81Exception for prior use
s.82Exception for use of personal name Exceptions in respect of registered geographical indication
s.83Exception for certain uses of registered geographical indication
s.84Exception for prior uses of registered geographical indication and trademark
s.85Intellectual Property Official Journal
s.86Electronic filing
s.87Issuing document electronically
s.88Address for service
s.89Power of Registrar to allow amendment of document
s.90Power of Registrar to allow extension of time
s.91Reinstatement
s.92Mode of giving evidence
s.93Exercise of discretionary power
s.94Costs awarded by Registrar
s.95Guidelines or practice directions by Registrar
s.96Appeal from decision of Registrar
s.97Rights under other laws unaffected
s.98Power to make regulations
s.99Power to amend Schedule
s.100Repeal, saving and transitional
s.101Guidelines, etc., on transitional matters
Who this reaches
Fashion & craftVisual artsEverything else
Important notice

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