56. The representative of Malaysia welcomed the Chairman's new sub-questions, and would give preliminary responses, pending further input from the capital. There were two ways to obtain recognition of a geographical indication in Malaysia: through registration and through a judicial decision.
57. With respect to the first sub-question, when an application for registration was filed, the Registrar would conduct a formality check on the application. If the formality requirements were met, the application would then be published and any party could then oppose the registration. The opponent and the applicant were required to file supporting evidence by way of statutory declaration in support of their opposition and application. Based on that process, to answer the first question in terms of the sources of information that should be taken into account, the Registrar was required to consider the evidence and submissions as submitted by the applicant and the opponent. It was up to the applicant and the opponent to submit the appropriate evidence and documents as they saw fit. If any evidence became newly available, that information could be included by both applicant and opponent in their submission to the Registrar. The weight to be attached to the evidence was for the Registrar to decide. Additionally, at the discretion of the Registrar, any such document, further document, information or evidence could be requested.
58. There was generally no sanction if the sources of information were not taken into account. However, failure to take into account relevant information could lead to the wrongful inclusion or rejection of a geographical indication from the Register. In that context, if a geographical indication was wrongly included in or rejected from the Register, the decision of the Registrar could be appealed to the High Court. Additionally, the registration of the geographical indication could be cancelled by the Registrar upon the request of any interested parties.
59. The second way of obtaining recognition of a geographical indication in Malaysia was through a judicial decision. In that case, the normal evidential and procedural requirement which applied in a civil case would be applicable. The High Court would make its decision based on law and parties' submissions. The parties could submit any information and evidence to support their case for the court's consideration. Additionally, the court had the power to take judicial notice of any fact in making its decision.
