KK Tanom Coffee, Director Charged With Misusing Geographical Indication To Goods

JOHOR BAHRU, Sept 9 (Bernama) -- A coffee manufacturing company and its director were charged in the Sessions Court here today with misusing the registered geographical indication "Tenom Coffee" on the packaging of their coffee products.

This marks the first prosecution of its kind in Malaysia under the Geographical Indications Act 2022.

KK Tanom Coffee Sdn Bhd and its director, Lim Sen Tiam, 53, pleaded not guilty to the charge, which was read out separately, before Judge Datuk Che Wan Zaidi Che Wan Ibrahim.

The company is charged with misusing the geographical indication "KK Tanom Coffee" on the plastic packaging of 1,368 units of Kopi-O 2-in-1 Kopi-O Kow 240g, which was deemed to indirectly refer to the registered geographical indication "Tenom Coffee," without the consent of the registered owner.

The offence was allegedly committed on March 25 at about 12.10 pm at premises No. 104, Jalan Lagenda 5, Taman Lagenda Putra, Lagenda Industrial Park, Kulai, Johor.

The charge, framed under Section 34(3) of the Geographical Indications Act 2022, provides a fine of not more than RM15,000 for each item on which a registered geographical indication is incorrectly placed for the first offence, and for the second and subsequent offences, a fine of not more than RM30,000 for each item.

Lim, as the company director, is charged under Section 34(3)(b) of the same law, read together with Section 67(1)(b) of the same law, with committing the same offence.

If convicted, he can be fined up to RM10,000 for each item on which a registered geographical indication is incorrectly placed or imprisoned for up to three years or both, while for subsequent offences, a fine of up to RM20,000 for each item or imprisoned for up to five years or both.

The court set bail at bail at RM10,000 with one surety and fixed Oct 8 for case mention for the submission of documents.

The prosecution was conducted by deputy public prosecutors Muhammad Hakiim Izani and Nur Sulehan Abd Rahman,  from the Legal Division of the Ministry of Domestic Trade and Cost of Living (KPDN), while Lim was represented by lawyer YX Ching.

-- BERNAMA