Protecting Local Heritage: Understanding Geographical Indications in Malaysia

Introduction

From Sarawak Pepper to Tenom Coffee, certain products derive their reputation not merely from how they are made, but from where they originate. Geographical indications (“GIs”) protect this unique connection by identifying goods whose quality, reputation or other characteristics are essentially traceable to their geographical origin.

Unlike a conventional trademark, which is designed to distinguish the goods or services of a single, specific business entity, a GI protects the collective geographical reputation of an entire product class. Under a GI framework, there is no monopoly by a sole trader. Instead, any legitimate local producer within the defined geographic zone who satisfies the established regional quality requirements may freely use the protected name. The legal right belongs entirely to the shared connection between the product, its community of producers, and its true place of origin.

To understand the impact of GIs, one only needs to look at iconic agricultural and artisanal products worldwide that have successfully turned geography into a valuable global asset:

• Champagne (France) – Only sparkling wines produced from grapes grown in the specific chalky soils of the Champagne region, and under strict local regulations, can legally bear the name. Everything else is simply sparkling wine.
• Parmigiano Reggiano (Italy) – Famously known as the “King of Cheeses,” this GI dictates that production must take place exclusively within a specific zone of Northern Italy (including Parma and Reggio Emilia) using local raw milk, traditional natural cultures, and stringent ageing processes.
• Darjeeling Tea (India) – Cultivated in the high-altitude Himalayan foothills of West Bengal, the unique combination of intense sunlight, misty air and soil chemistry gives this tea its coveted “muscatel” flavour profile, which cannot be replicated anywhere else on Earth.
• Swiss Watches (Switzerland) – To legally carry the “Swiss Made” moniker on a watch face, strict ordinance laws dictate that at least 60% of the production costs must be generated in Switzerland, the movement must be cased there, and the final technical inspection must take place on Swiss soil.

The Malaysian Landscape: GIA 2022

The Geographical Indications Act 2022 (“GIA 2022“), which replaced the Geographical Indications Act 2000, provides the principal framework for GI protection in Malaysia. As Malaysian products gain greater recognition domestically and internationally, GI protection is no longer merely about preserving geographical names on a map. It protects the collective commercial reputation of producers and prevents bad-faith traders from exploiting the value attached to goods they did not genuinely produce.

Shift to Criminal Liability

One of the most significant overhauls introduced by the GIA 2022 was converting what used to be a purely civil enforcement matter—where small local farmers or entrepreneurs had to fund expensive private lawsuits—into a statutory crime.

Under the previous 2000 Act, Malaysia’s GI framework lacked teeth. Under the modern regime, the Ministry of Domestic Trade and Cost of Living (MDT) is empowered to conduct seizures and prosecute offenders in court. Malaysia saw its first-ever criminal prosecution under this updated Act when a local company and its director were charged in court for selling fake “Tenom Coffee.”

Criminal liability under Section 34 (falsely applying a registered GI to goods) and Section 35 (importing, selling or possessing for trade goods with a falsely applied GI) of the GIA 2022 is strictly categorised based on whether the offender is an individual or a business entity. A critical element of the law is that fines apply per individual item seized, which can quickly compound into financially catastrophic amounts.

Protecting Malaysia’s Local Heritage & Cultural Diversity

Malaysia’s growing registry of GIs reflects its rich agricultural diversity and local heritage. As of 2025, the country protects 168 local and 129 foreign GIs[1]. Notable homegrown examples include Sarawak Pepper, Batik Terengganu, Halia Bentong (Bentong Ginger), the world-renowned Malaysian Musang King Durian, and Sarawak Midin (a wild jungle fern)[2].

The definitive, common denominator across these goods is the intrinsic link between the product’s premium quality and its precise geographical origin:

• Sarawak Pepper and Sarawak Midin rely entirely on the unique soil profiles and heavy rainfall patterns of Sarawak.
• Tenom Coffee derives its distinct, rich profile from the specific soils of Tenom, Sabah, paired with local firewood roasting traditions.
• Halia Bentong owes its intense, high-gingerol flavour and low-fibre texture to the cool, fertile mountain slopes of Bentong, Pahang.

The global commercial scale of the Malaysia Durian Musang King – which is registered alongside other notable local varieties like Durian Balik Pulau and Malaysia Black Thorn – further demonstrates how GI protection stretches beyond small, niche industries to shield highly lucrative national export markets. GIs in Malaysia extend far beyond food and agriculture, actively preserving local community livelihoods and generational craft traditions:

• Mangga Harumanis Perlis – This is arguably Malaysia’s most fiercely guarded agricultural GI. Cultivated almost exclusively during the unique, sharp northern dry-spell climate of Perlis, this ultra-premium mango commands massive price premiums. Because counterfeiters frequently market cheaper, look-alike mangoes grown outside the state under the “Harumanis” name, the GI actively shields local Perlis farmers from losing their rightful market value.
• Klang Bak Kut Teh – A household culinary favourite, this dish was officially registered as a GI to protect its deep cultural lineage. The indication ensures that the specific, heavily concentrated herbal broth recipe pioneered and developed historically by the Chinese community in Klang, Selangor remains legally tied to its birthplace.
• Hand-Woven Textiles and Crafts (Songket Terengganu & Batik Sabah) – GIs in Malaysia extend far beyond food. The intricate metallic threads of Songket Terengganu and the complex wax-resist artistry of Batik Sabah are protected under the GI framework. This legal shield helps prevent cheap, digitally printed, mass-imported replica fabrics from flooding the market and undermining the generational livelihoods of native artisans.

When Does the Use of a Geographical Name Become Misuse?

A geographical reference becomes problematic where it falsely or misleadingly states that goods originate from a protected region. Misuse may arise through product labels, packaging, advertisements or online listings.

Importantly, misuse does not require a bad-faith trader to explicitly write the protected name on their package. A product can implicitly misrepresent its origin through the calculated use of regional imagery, cultural symbols, or flags – such as incorporating bagpipes and tartans to suggest a whisky is from Scotland, or utilising images of Mount Kinabalu to imply a coffee blend originates from Sabah.

The Malaysian courts have long recognised the immense commercial value tied to geographical goodwill, whether conveyed explicitly or implicitly.

In The Scotch Whisky Association & Anor v Ewein Winery (M) Sdn Bhd[3], even before Malaysia passed its first dedicated GI legislation, the High Court protected the distinct reputation of “Scotch Whisky” under the common law tort of extended passing off. A local winery was halted from leveraging the unique commercial reputation that belonged strictly to genuine Scottish distillers.

Today, the law provides direct statutory boundaries. The GIA 2022 strictly prohibits the use of a GI in any manner that misleads the public as to the true geographical origin of the goods or constitutes an act of unfair competition. Under Section 34, “falsely applying” a GI covers any presentation or imagery that falsely indicates or suggests a protected origin, ensuring that clever packaging cannot look for a loophole around the law.

Clash with Trademark Rights

Because regional titles carry inherent commercial prestige, conflicts frequently erupt when individual traders attempt to secure exclusive trademark rights over geographical or distinctive product names. In Agricultural and Processed Food Products Export Development Authority of India (APEDA) & Ors v Syarikat Faiza Sdn Bhd[4], the dispute concerned the use and registration of the mark “Ponni” in relation to rice. The case highlighted the immense difficulty of granting a single enterprise exclusive rights over a product name intrinsically associated with a specific origin and a recognised class of goods.

Similarly, in Maestro Swiss Chocolate Sdn Bhd & Ors v Chocosuisse Union Des Fabricants Suisses de Chocolat & Ors[5], the Federal Court considered the use of “Maestro Swiss” in relation to chocolate not manufactured in Switzerland. The decision is significant for firmly cementing the doctrine of extended passing off in Malaysia by recognising that geographical reputation belongs collectively to genuine producers. However, the Court clarified that a trade association lacks the standing (locus standi) to sue for common law passing off if it does not trade in the goods itself.

Together, these cases demonstrate that geographical names are distinct from ordinary commercial labels. Where consumers associate a name with a particular origin or an established class of products, individual traders cannot appropriate or use that name in a manner that misleads the public or prejudices the collective goodwill of genuine producers.

Conclusion

In today’s market, a geographical name is far more than a simple mailing address; it is a powerful commercial asset. With the modern geographical indications framework now fully mature and armed with strict criminal enforcement powers, Malaysia has drawn a clear line in the sand. As landmark battles over Scotch Whisky, Ponni rice and Swiss chocolate have proven, our courts and enforcement agencies are no longer passive onlookers; they are actively committed to defending collective reputations from deceptive exploitation.

The ultimate takeaway for businesses and local communities is straightforward: origin drives value. Where a community has spent generations building a product’s premium goodwill around its birthplace, the law stands as an absolute shield. In Malaysia’s updated IP landscape, you can no longer simply borrow a region’s name, mimic its identity, and trade on a heritage you didn’t earn.

This article was authored by Chen Yun Jin (Partner) and Jaden Teo (Associate).

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Key Contacts

Please contact our team if you have any questions.

Dato’ Brian Law | Co-Head, Intellectual Property

Chen Yun Jin | Partner, Intellectual Property