[Home] [Databases] [WorldLII] [Search] [Feedback] Malaysia Legislation

(1) An application to the Registrar under section 22 of the Act for the cancellation or rectification of registration of a registered geographical indication from the Register shall be made on Form GI 7 and shall be accompanied by a prescribed fee and a statement setting out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief which he seeks.

(2) A copy of Form GI 7 shall be served by the applicant on the registered proprietor.

(3) Upon receipt of Form GI 7 the Registrar shall notify all persons having the right to use the geographical indication under section 21 of the Act by way of advertisement in at least one national language and one English language national daily newspapers and the cost of the advertisement shall be borne by the applicant.

(4) Within one month from the date of the advertisement any persons mentioned in subsections 22(3) and (4) of the Act may apply to be joined as a party to the proceeding by filing Form GI 8 with the prescribed fee stating the nature of his interest and any written submission relating to the application, and a copy of Form GI 8 shall be served on the applicant.

(5) Upon receipt of the Form GI 8 and the written submission, the applicant may submit a written reply in Form GI 9 together with submission and prescribed fee, and shall serve the documents on the Registrar and all parties to the proceedings.

(6) The Registrar shall upon receipt of all the submission and documents fixed a date of hearing to determine whether or not the registration of geographical indications should be cancelled or rectified.

(7) At any time before the date of the hearing any parties may submit any other documents to the Registrar for the purpose of the hearing.

(8) The decision of the Registrar shall within two months be communicated in writing to the parties and he may award any cost to be paid to any parties to the proceeding.