Terengganu S Plan To Patent Ikan Celup Tepung Sparking More Questions Than Solutions
The Terengganu state government is in the final stages of patenting local dish ‘Ikan Celup Tepung’ (ICT), which is essentially breaded fried fish, as intellectual property under the Geographical Indication (GI) category.
For those who are unfamiliar with the term, a GI is a sign or name used on products that are associated with a specific geographical origin. In this case, ICT would be registered as a Terengganu dish.
The move aims to protect the iconic seafood dish from imitation, and will be patented by next year.
It’s basically tempura, guys. (Image: caridestinasi.com)
The State Committee for Entrepreneurship, Human Resources, Cooperatives, and Consumer Affairs Chairman Ariffin Deraman stated that the Entrepreneur Development Foundation is actively gathering all the ICT operators across the state.
“Feedback gathered indicates that ICT operators generally agree to patent this seafood product as recommended by the Malaysian Intellectual Property Corporation last November,” he said.
Netizens voice their concerns over the patent
The move to patent the dish has garnered mixed reactions from members of the public. Some users in the comments section agree with the move, saying it’s a step in preserving our culinary heritage, while some are concerned over legal hurdles once the dish is patented.
Some highlighted that GI is not considered a patent, but rather a trademark or registration.
A few netizens questioned whether ICT is even worth being patented, seeing how it’s a pretty simple and common dish. Some had likened ICT to fish and chips or tempura.
Economic values of Geographical Indication
Products with GI often bring significant economic and cultural value to their geographical origin.
Some examples of local GI in Malaysia include Malaysian Durian Musang King, Harumanis, Sarawak Pepper, Sabah Tea, and Bario Rice.
By registering these GIs, high-quality, distinctive GI products may become well-known both domestically and internationally, potentially increasing the producers’ brand value, drawing tourists to the area in exchange, generating employment opportunities, and ultimately boosting the economies of the regions.
Geographical Indications Act 2000
The Geographical Indications Act 2000 (Act 602) in Malaysia establishes the framework for the protection and registration of GIs.
For a product to qualify, it must meet these criteria:
Geographical origin
The product must originate from a specific geographical area. This could refer to a village, town, region, or locality within Malaysia where the goods are produced, processed, and prepared.
The geographical area must be well-known and associated to with the product for its unique characteristics or quality.
Link to quality, reputation, or characteristics
The product must have qualities, reputation or characteristics that are attributable to its geographical origin. This means the product must have distinctive features, whether they are natural (such as climate or soil conditions) or human-made (such as traditional methods or skills), that give it unique qualities that differentiate it from similar products in other regions.
The reputation of the product on relation to its geographical origin is a key factor. For example, the reputation could stem from long-standing tradition, specialised skills, or unique natural conditions in the region.
Distinctiveness
The product must be distinct and identifiable as originating from a particular place, and it must be consistently recognized as such by consumers.
Quality control and production requirements
The product must meet certain standards or criteria that define its uniqueness or quality. There should be clear rules regarding how the product is made of processed in the designated area.
This might include specifications on the ingredients, raw materials, or methods of production that are unique to the region, ensuring the product’s quality and authenticity.
Group or collective nature
Typically, GIs are granted for products that are produced or manufactured by a group of producers within a set geographical area. The producers must share a common interest in maintaining the reputation and standards associated with the GI. A certification body or authority usually oversees the GI to ensure compliance with the standards and regulations.
In summary, a product must be closely tied to a particular geographical area and have distinctive qualities that are directly associated with that origin to be eligible for geographical indication protection in Malaysia.
This includes meeting certain production, processing, and reputation criteria that can be enforced through MyIPO.
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