IP Protection for the Food & Beverages Industry in Malaysia

fb-ip-protectionIn today’s blog post we are taking a look at the IP protection in Malaysia for the food and beverages sector. The F&B sector in Malaysia is rapidly growing,  but so are counterfeiting and other IP infringements. This blog post gives some advice to European SMEs on how to build a robust IP protection strategy in Malaysia for the food and beverages sector.  

Malaysia’s food & beverage industry is growing rapidly, with the revenue of over 25 billion EUR in 2015 and with an annual growth rate of 7.6%,[1] making the country thus attractive for European SMEs.

Malaysia has a large Muslim population and has, thus strong consumer demand for imported beef, mutton and other halal products.  This means that importers should be aware of that all slaughtered food must possess halal certification and adhere to specific labelling requirements.

Malaysia’s rapidly growing middle class constitutes a consumer base that is increasingly health-conscious, pays attention to the nutrition value of the food, prefers minimally processed fresh food and tends to trust foreign (western) brands when it comes to packaged food.

Together with rapid economic growth, counterfeiting in food products has also increased dramatically in recent years. Thus, the EU SMEs should take steps to ensure that their IP rights are protected, when selling their food products to Malaysia.

IPR are very relevant in the food & beverage industry, such as Trade Marks, Geographical Indications, Design and Trade Secrets.

Trade Mark Protection in Malaysia

Increasing brand consciousness, concerns about food safety and the relatively high number of counterfeiting in the country mean that brand reputation is especially important in Malaysia. A trustworthy brand can be critical to the success of food & beverage products as company’s trade mark functions as a badge of quality. Continue reading “IP Protection for the Food & Beverages Industry in Malaysia” »

South-East Asia IPR Basics Series: Malaysia, the ASEAN Economic Community, the TPP, and Intellectual Property

shutterstock_30496642_sMalaysia is a South-East Asian nation consisting of sections on the Malay Peninsula and on the island of Borneo, with the South China Sea lying between them. Malaysia’s population of over 30 million works in the world’s 20th most competitive economy (as of 2014-15), with a PPP GDP of $747 billion, making it the third largest in ASEAN and the 28th largest worldwide. Malaysia’s newly-industrialised market economy has consistently posted impressive gains, averaging 6.5% growth per annum over the period 1957-2005.

Continue reading “South-East Asia IPR Basics Series: Malaysia, the ASEAN Economic Community, the TPP, and Intellectual Property” »

South-East Asia IPR Basics Series: Trade Secrets in Malaysia

IP TheftIn Malaysia, no pure information can be considered property. However, as a party to TRIPS and other agreements, Malaysia does have laws which prevent the unauthorised disclosure of information. This information is commonly referred to as “trade secrets,” although it is called “confidential information” in Malaysian law. This definition means that trade secrets cannot be proactively registered, but can form the basis of action taken against others. Confidential information in Malaysia can also take the form of virtually any other confidential information which was secret and protected by contractual agreements.

Continue reading “South-East Asia IPR Basics Series: Trade Secrets in Malaysia” »

South-East Asia IPR Basics Series: GIs in Malaysia

Photo Andrea Parrish GeyerGeographical indications (GIs) are any type of symbol, mark, etc. which is used to identify the country, region, or area from which goods originate and to which is assigned a given reputation. For example, Champagne is one of France’s most famous GIs, and goods marked as Champagne must be produced in the Champagne region and are reputed to be of high quality. Similar products not from the area must content themselves with descriptions such as “Made in Champagne-style” or “sparkling wine.” Malaysia boasts some indigenous GIs, such as Sarawak Peppers and Sabah Seaweed. In this article we’ll be looking at how you can protect your GIs in Malaysia.

Continue reading “South-East Asia IPR Basics Series: GIs in Malaysia” »

South-East Asia IPR Basics Series: Industrial Designs in Malaysia

creative picture4An industrial design is the ornamental or aesthetic aspect of a product and is handled by the Industrial Designs Registry at the Intellectual Property Corporation of Malaysia.

In today’s article we’ll be looking into the ins and outs of Malaysia’s Industrial Design laws.

Continue reading “South-East Asia IPR Basics Series: Industrial Designs in Malaysia” »