KUALA LUMPUR, Sept 10 — The Geographical Indications (GI) Act 2022 (Act 836) made its first headlines yesterday, nearly three years after it came into force.
A coffee manufacturing company and its 53-year-old director were charged in the Johor Bahru Sessions Court with misusing the registered geographical indication “Tenom Coffee” on the packaging of their products.
This is the first prosecution of its kind under the relatively little-known GI Act 2022.
What is the GI Act 2022?
A geographical indication (GI) is a sign or name used on products that originate from a specific region and possess qualities, reputation or characteristics linked to that origin.
The GI Act 2022, which took effect on March 18, 2022, repeals and replaces the Geographical Indications Act 2000. It builds on the earlier law by providing for the protection and registration of geographical indications, while also implementing relevant treaties and related matters.
The Act allows the registration of agricultural products, food, handicrafts and industrial goods, creating legal mechanisms for enforcement, ensuring authenticity, and supporting local economic development.
What is new?
The 2022 law expands protection to a wider range of products, including agricultural produce, food, handicrafts and industrial goods.
It also seeks to provide greater clarity on the examination process for GI registration and aligns Malaysia’s framework with international standards, including the WTO’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
The updated law introduces a more structured registration system and establishes minimum international standards for intellectual property protection.
Why is it significant?
According to leading intellectual property lawyer Bahari Yeow Tien Hong, the GI Act 2022 is crucial for both businesses and consumers.
Yeow, who has more than 20 years’ experience in intellectual property and litigation, said the latest Tenom Coffee case shows how the law works in practice.
“Malaysia already has several products registered as GIs, such as Halia Bentong, Musang King durians, Sarawak pepper, Gula Melaka and Sabah tea.
“The current case highlights the importance of protecting geographical indications. The law ensures that when consumers buy a product carrying a GI, it genuinely comes from the place claimed.
“This builds trust, preserves value and prevents dilution of reputation,” he told Malay Mail.
He noted that courts previously relied on the extended tort of passing off — a legal concept protecting goodwill and reputation from misrepresentation — to safeguard producers. But critics often viewed it as conceptually complex.
“The GI Act 2022 provides a clearer, more reliable alternative. It gives certainty to GI owners and their competitors while protecting consumers from misrepresentation,” Yeow said.
Broader consumer protection
Prominent lawyer and social activist Datuk Khairul Anwar Rahmat described the Act as significant not just for intellectual property but also for consumer protection.
He called it a “win-win” for both businesses and consumers.
“For local brands, this enhances market positioning with stronger safeguards against threats to authenticity and quality,” he said.
On consumer protection, Khairul cited the example of the famous Johor dish Mee Bandung Muar.
“I’m sure no one wants to eat something in Kuala Lumpur labelled Mee Bandung Muar that tastes like plain noodles in tomato sauce.
“It’s a culinary disaster when popular dishes are misrepresented,” he said, adding that Pahang durians and Perlis’ seasonal Harumanis mangoes are also examples where GI protection matters.
Clearer enforcement, stronger protection
Corporate, media and intellectual property lawyer Jessie Tan said the Act represents a major step forward, particularly in enforcement.
Tan, the managing partner at Shin Associates, told Malay Mail the Act now clearly defines offences and provides stronger enforcement powers, giving producers greater protection and consumers more assurance of authenticity.
“The enhanced regime not only safeguards local heritage products but also strengthens Malaysia’s position in global markets,” she said.
Citing Musang King durians as an example, she explained that their GI status ensures only durians from designated regions — Pahang and Johor — can be marketed under that name.
“This guarantees consumers the real deal, shields buyers from counterfeits, and preserves the value of Malaysia’s heritage products,” Tan said.
