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12 Julai 2013 12 july 2013 P.U. (A) 225
WARTAKERAJMN PERSEKUTUAN
FEDERAL GOVERNMENT
GAZETTE
PERATURAN-PERATURAN PETUNJUK GEOGRAFI (PINDAAN) 2013
GEOGRAPHICAL INDICATIONS (AMENDMENT) REGULATIONS 2013
DISIARKAN OLEH/ PUBLISHED BY
JABATAN PEGUAM NEGARA/ ATTORNEYGENERAL'S CHAMBERS
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GEOGRAPHICAL INDICATIONS ACT 2000
GEOGRAPHICAL INDICATIONS (AMENDMENT) REGULATIONS 2013
IN exercise of the powers conferred by section 32 of the Geographical Indications Act
2000 [Act 602]. the Minister makes the following regulations:
Citation and commencement
1. (1) These regulations may be cited as the Geographical Indications
(Amendment) Regulations 2013.
(2) These Regulations come into operation on 15 July 2013.
Amendment ofregulation 2
2. The Geographical Indications Regulations 2001 [P.U. (AJ 247/2001]. which are
referred to as the "principal Regulations" in these Regulations. are amended in
regulation 2 by inserting before the definition of "Office" the following definition:
""registrable offence" has the same meaning assigned to it in the Registration of
Criminals and Undesirable Persons Act 1969 [Act 7];".
Amendment ofregulation 14
3. The principal regulations are amended in regulation 14 by inserting after
subregulation (3) the following subregulation:
"(4) The Registrar may decline to recoguize any person as an agent
who is not currently in the Register of Geographical Indications Agents
maintained under regulation 14A".
New regulations 14A, 148, 14C and 14D
4. The principal Regulations are amended by inserting after regulation 14 the
following regulations:
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"Registration ofagents
14A. (1) An application to be registered as a geographical indication agent
shall be made to the Registrar in Form GI 15 accompanied by payment of the
prescribed fee.
(2) For the purpose of registration as a geographical indication agent
under this regulation, the applicant shall satisfY the Registrar that he is either
domiciled or resident in Malaysia or has a principal place ofbusiness in Malaysia,
and
(a) is in the Register of Patents Agents maintained pursuant to
the regulations made under the Patents Act 1983 [Act 291];
(b) is in the Register of Trade Marks Agents maintained
pursuant to the regulations made under the Trade Marks
Act 1976 [Act 175];
(c) is an advocate and solicitor practising in Malaysia;
(d) holds a recognized degree in any field of studies and has
acquired the necessary knowledge or experience in the field
of industrial property; or
(e) has at least three years of experience in the field of
industrial property by virtue of him being an ex-officer of
the Office.
(3) The Registrar shall, upon being satisfied that the applicant fulfills
the conditions under subregulation (2), register the applicant for a term expiring
every year on the 31 December of that year.
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(4) The Registrar shall not register any person who has been
convicted of any registrable offence or any criminal offence involving fraud or
dishonesty.
Removal of agents
14B. An agent shall be removed from the Register of Geographical Indications
Agentifhe
(a) is no longer domiciled or resident in Malaysia or no longer has a
principal place of business in Malaysia;
(b) is convicted of a registrable offence or any criminal offence
involving fraud or dishonesty;
(e) is an undischarged bankrupt; or
(d) has been struck off from, and not restored to, or is suspended for
the time being from the Register of Patents Agents, the Register of
Trade Marks Agents or the Roll of Advocates and Solicitors.
Renewal of agents
14C. (1) An application for the renewal of registration as a geographical
indication agent shall be made to the Registrar in Form GI 16 accompanied by
payment of the prescribed fee by 31 January of every year.
(2) The Registrar shall, upon being satisfied that the conditions
specified in subregulations 14A(2) and (4) continue to be satisfied, renew the
registration of the geographical indication agent for a term expiring every year
on 31 December of that year.
Register of Geographical Indications Agents
14D. The Registrar shall maintain a Register of Geographical Indications
Agents.".
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Amendment of regulation 29
5. Regulation 29 of the principal Regulations are amended by substituting for
subregulation (1) the following subregulation:
"(1) As soon as maybe after the expiration of two months from the date
of the publication of the application under subregulation 16(2) and upon
payment of the registration fee under regulation 28, the Registrar shall register
the geographical indication and enter the geographical indication in the Register
in accordance with section 19 of the Act and these Regulations.".
New regulations 29A, 29B, 29C, 29D, 29E, 29F and 29G
6. The principal Regulations are amended by inserting after regulation 29 the
following regulations:
"Renewal ofregistration of geographical indication
29A. (1) An application for the renewal of the registration of a geographical
indication shall be made by the registered proprietor or his agent in Fonn GI 17
accompanied by payment of the prescribed fee within a period of not less than
three months before the expiration of the last registration of the geographical
indication.
(2) If the person who files Form GI 17 is other than the registered
proprietor or his anthorized agent, the person shall enter in the fonn his name
and address and shall attach a letter of authority from the registered proprietor
authorizing him to renew the registration of the geographical indication.
Reminder of renewal of registration of geographical indication
29B. (1) If on a date of not less than one month and not more than two
months before the expiration of the last registration of a geographical indication,
Form GI 17 accompanied by payment of the prescribed fee has not been
received, the Registrar shall notifY the registered proprietor in writing of the
impending expiration of the last registration of a geographical indication.
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(2) Any such notification may be made in accordance with
subregulation 12(5).
Late renewals of registration of geographical indication
29C. If within six months from the expiration of the last registration of a
geographical indication the renewal fee has not been paid and if Fonn GI 18 is
filed accompanied by payment of the late renewal fee, the Registrar shall renew
the registration without removing the geographical indication from the Register.
Removal ofgeographical indication
29D. The Registrar shall, on the expiration of the last registration of a
geographical indication, remove the geographical indication from the Register if
the late renewal fee has not been paid by the end of the period of six months
referred to in regulation 29C.
Restoration of geographical indication
29E. The Registrar may, upon such conditions as he may think fit, restore the
geographical indication that has been removed from the Register and renew its
registration if Form GI 19 is filed together with Fonn GI 18 accompanied by
payment of the late renewal fee within twelve months from the expiry of the last
registration of a geographical indication.
Record of removal ofgeographical indication
29F. Where a geographical indication has been removed from the Register for
non-payment of the renewal fee or late renewal fee, the Registrar shall enter in
the Register a record of such removal and the cause of the removal and shall
advertise the fact of the removal in the Gazette.
Notice and advertisement ofrestoration of geographical indication
29G. The Registrar shall, upon the restoration of a geographical indication,
notify the registered proprietor of such restoration and advertise such
restoration in the Gazette.".
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Amendment of First Schedule
7. The First Schedule of the principal Regulations is amended in Part I by inserting
after item 14 the following items:
flForm Matters or Proceedings Fee
GI RM
15. Application for registration of a geographical indication 500.00
agent
16. Application for renewal of registration of a geographical 150.00
indication agent
17. Application for renewal of registration of a geographical 420.00
indication
18. Application for late renewal of registration of a 630.00
geographical indication".
Amendment ofSecond Schedule
8. The Second Schedule to the principal Regulations is amended
(a) by inserting after item 14 the following items:
"15. Application for registration of a geographical indication agent
16. Application for renewal of registration of a geographical indication
agent
17. Application for renewal of registration of a geographical indication
18. Application for late renewal of registration of a geographical
indication
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19. Application for restoration of registration of a geographical
indication";
(b) by substituting for Form GI 1 the following Form:
"CENTRAL GEOGRAPHICAL INDICATIONS OFFICE MALAYSIA
GEOGRAPHICAL INDICATIONS REGISTRY
GEOGRAPHICAL INDICATIONS ACT 2000
GEOGRAPHICAL INDICATIONS REGULATIONS 2001
TO:
APPLICATION FOR REGISTRATION OF A GEOGRAPHICAL INDICATION [Subregulation 6(1)1
The Registrar of Geographical Indications Central Geographical Indications Office Kuala Lumpur, Malaysia
ForOfficial Use:
Date of receipt by Cenn-al Geographical Indications Office:
APPLICATION NO.:
(Office's Stamp)
Date of fees received:
Amount:
Applicant's or agent's file reference
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THE APPLICATION OF THE APPLICANT FOR THE REGISTRATION OF A GEOGRAPHICAL INDICATION IN RESPECT OF THE FOLLOWING PARTICULARS:
I. Full name and address of applicant: ...................................................................................................
(If the applicant resides abroad, an address for service in Malaysia shall be provided)
Nationality:
Country ofresidence or pl'incipal place of business:
Capacity in which applicant is applying for registration:
Tel. No.: Telegraphic Address: Telex No.: Fax No.:
II. Full name and address ofagent (if any): .................................................................................................
(If this is the address for service and is not yet in record, Forlll GI 2 shall be filed with this Fol'lll)
Agent's Registration No. (if known): .............................................................
Agent's Own Reference: .................................................................................
Tel. No.: Telegraphic Address: Telex No.: Fax No.:
1lI. GEOGRAPHICAL INDICATION
The geographical indication for which registration is sought such as follows:
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IV. GEOGRAPHICAL AREA
The following is the demarcation of the territOlY of the Country, or region, 01' locality in that tenitOlY, to which the geographical indication applies, and from which the goods for which the geographical indication is used originate:
. Additional information, possibly in graphic forms, maps, etc.:
D Accompanies this Form V. GOODS
The goods for which the geographical indication is used are as follows:
VI. DESCRIPTION OF PRODUCT
D Additional information accompanies this Form a. Colour:
b. Shape:
c. Texture:
d. Size:
e. Weight:
f. Taste:
VI!. QUALITY, REPUTATION OR OTHER CHARACTERISTIC
The quality, reputation or other characteristics of the goods for which the geographical indication is used, and any conditions under which the indicatiolllllay be used are as follows:
D Additional information accompanies this Fonn
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VIII. PROOF OF ORIGIN
D Additional information accompanies this Fonn IX. CAUSAL LINK BETWEEN THE GEOGRAPHICAL AREA AND A SPECIFIC QUALITY, THE REPUTATION
OR OTHER CHARACTERISTICS OF THE PRODUCT (E.G.: SOIL CONDITION, CLIMATE CHARACTERISTICS, HUMAN FACTOR, PRODUCT REPUTATION)
D Additional information accompanies this Form
X. SPECIFIC STEPS IN PRODUCTION THAT MUST TAKE PLACE IN THE IDENTIFIED GEOGRAPHICAL AREA (E.G.: SOIL PREPARATION, SELECTION AND TREATMENT OF SEED, SEED PLANTING AND FIELD MANAGEMENT (E.G.: METHODS OF FERTILIZING, HARVESTING, STORING, ETC.)
D Additional information accompanies this F0l1n XI. DESCRIPTION OF LABELLING (IF ANY)
XII. AWARD/RECOGNITION FROM AUTHORIZED BODY (IF ANY) E.G.: JAKIM, SIRIM
XIII. INSPECTION BODIES/AUTHORITIES VERIFYING COMPLIANCE WITH THE PRODUCT SPECIFICATION AND QUALITY (IF ANY)
XIV. OTHERS (if any)
XV. FEES
D Accompanies this Fonn
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XVI. DECLARATION
Signature: ................................................................................................
Name ofsignatory (in block letters): ...............................................................
Date: ..........................................................................................
(If the applicant is a partnership, the full names of all partners shall be stated)
Note: 1. A copy of the statutory declaration by the applicant shall be attached.
2. All agent signing this F0l111 on behalf of the applicant shall satisfy himself as to the truth ofthe declaration.
(e) by inserting after Form GI 14 the following Forms:
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"CENTRAL GEOGRAPHICAL INDICATIONS OFFICE MALAYSIA
".,
GEOGRAPHICAL INDICATIONS REGISTRY
GEOGRAPHICAL INDICATIONS ACT 2000
GEOGRAPHICAL INDICATIONS REGULATIONS 2001
APPLICATION FOR REGISTRATION OF A
GEOGRAPHICAL INDICATION AGENT
[Subregulation 14A(2)]
TO: The Registrar of Geographical Indications
Central Geographical Indications Office
Kuala Lumpur, Malaysia
For Official Use:
Date of receipt by
Cent...1Geographical Indications Office:
Date of fees received:
Amount:
Applicant's or agent's file reference
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I. APPLICANT
Name:
Address:
Nationality:
Permanent residence or principal place of business:
Tel. No.:
Fax No.:
II. QUALIFICATIONS
(Please attach copies ofqualifications certified by a Commissionerfor Oath)
III. EXPERIENCE
(Please submit in the form ofstatutory declaration)
IV. DECLARATION
I hereby declare that all the information given above are true and correct.
Signature:
Date:
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CENTRAL GEOGRAPHICAL INDICATIONS OFFICE MALAYSIA
GEOGRAPHICAL INDICATIONS REGISTRY GI16
GEOGRAPHICAL INDICATIONS ACT 2000
GEOGRAPHICAL INDICATIONS REGULATIONS 2001
APPLICATION FOR RENEWAL OF REGISTRATION OF A GEOGRAPHICAL INDICATION AGENT [Subreguiation14C(l)]
TO: The Registrar of Geographical Indications Central Geographical Indications Office Kuala Lumpur, Malaysia
For Official Use:
Date of receipt by Central Geographical Indications Office:
Date of fees received:
Amount:
Applicant's 01' agent's file reference
I. APPLICANT
Name: Address: Nationality: Permanent residence or principal place of business: Tel. No.: Fax No.:
II. QUALIFICATIONS (Please attach copies of qualifications certified by a Commissioner for Oath)
III. ADDITIONAL INFORMATION (accompanies this F0l1n):
Yes 0 No 0
IV. DECLARATION I hereby declare that all the information given above are true and correct.
Signature: Date:
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CENTRAL GEOGRAPHICAL INDICATIONS OFFICE MALAYSIA GI17
GEOGRAPHICAL INDICATIONS REGISTRY
GEOGRAPHICAL INDICATIONS ACT 2000
GEOGRAPHICAL INDICATIONS REGULATIONS 2001
APPLICATION FOR RENEWAL OF REGISTRATION OF A GEOGRAPHICAL INDICATION [Subregulation 29A(1)]
TO: The Registrar of Geographical Indications Central Geographical Indications Office Kuala Lumpur, Malaysia
For Official Use:
Date of receipt by Central Geographical Indications Office:
Date of fees received:
Amount:
Applicant's or agent's file reference
Geographical Indication No:
Class:
I/We/Agent of-
hereby apply to renew the above registration. Renewal fee is enclosed herewith. (Cheque/ Cash)
Signature: .................................................................. Proprietor
................................................................... Agent Date: Note:
- Ifthe agent is newly appointed, please file Form GI 2. - A letter of authority shan be attached if the applicant is other than the registered proprietor or the
agent. - A representation ofthe mark shall accompany the application.
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CENTRAL GEOGRAPHICAL INDICATIONS OFFICE MALAYSIA
GEOGRAPHICAL INDICATIONS REGISTRY GIIB
GEOGRAPHICAL INDICATIONS ACT 2000
GEOGRAPHICAL INDICATIONS REGULATIONS 2001
APPLICATION FOR LATE RENEWAL OF REGISTRATION OF A GEOGRAPHICAL INDICATION [Subregulation 29C]
TO: The Registrar of Geographical Indications Central Geographical Indications Office Kuala Lumpur, Malaysia
For Official Use:
Date ofl'eceipt by Central Geographical Indications Office:
Date of fees received:
Amount:
Applicant's or agent's file reference
Geographical Indication No.:
Class:
IfWe/Agent of-
hereby apply to renew the above registration. Late renewal fee is enclosed herewith. (Cheque/ Cash)
Signature: .................................................................. Proprietor
................................................................... Agent Date: Note:
- If the agent is newly appointed, please file Fonn G12.
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CENTRAL GEOGRAPHICAL INDICATIONS OFFICE MALAYSIA
GEOGRAPHICAL INDICATIONS REGISTRY GI19
GEOGRAPHICAL INDICATIONS ACT 2000
GEOGRAPHICAL INDICATIONS REGULATIONS 2001
APPLICATION FOR RESTORATION OF REGISTRATION OF
A GEOGRAPHICAL INDICATION
[Subregulation 29E)
TO: The Registrar of Geographical Indications
Central Geographical Indications Office
Kuala Lumpur, Malaysia
For Official Use:
Date ofreceipt by
Central Geographical Indications Office:
Date of fees received:
Amount:
Applicant's or agent's file reference
Geographical Indication No.:
Class:
I/We/Agent
of-
hereby apply to restore the above registration. Form GlIB and the late renewal fee are also enclosed herewith.
(Cheque/Cash)
Signature: .................................................................. Proprietor
................................................................... Agent
Date:
Note:
- If the agent is newly appointed, please file Form GI 2.
"
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Made 4 July 2013 [KPDNKK CMYIPO); PNCPU2)618]
DATO' HAJI HASAN BIN MALEK Minister ofDomestic Trade Co-operatives and Consumerism
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