JOHOR BARU: A coffee production company and its director became the first in Malaysia to face charges under the Geographical Indications Act 2022.
Lim Sen Thiam, 53, who also represented KK Tanom Coffee Sdn Bhd, pleaded not guilty to two counts of falsely applying a registered Geographical Indication (GI) on coffee packaging without consent.
He claimed trial after the charges were read to him before Sessions judge Datuk Che Wan Zaidi Che Wan Ibrahim here on Tuesday (Sept 9).
According to the charge sheet, Lim, in his capacity as the company’s director, was allegedly accused of falsely applying the GI “KK Tanom Coffee” on 1,368 packs of "Uncang Kopi-O 2 in 1 Kopi-O Kow (240g)".
The label allegedly misrepresented the registered GI “Tenom Coffee” without approval from its rightful proprietor.
The company was also accused of committing the same offence at a premises on Jalan Lagenda 5 at Lagenda Industrial Park in Kulai, at 12.10pm on March 25.
Lim was charged under Section 67(1)(b) of the Act, punishable under Section 34(3)(b), which carries a fine of up to RM10,000 for each item bearing the misapplied GI, a maximum three years’ jail, or both, upon conviction.
The company was charged under Section 34(3) of the Act and faces a fine of up to RM15,000 for each mislabelled item if found guilty.
Domestic Trade and Cost of Living Ministry deputy public prosecutors Muhammad Hakiim Izani and Nur Sulehan Abd Rahman offered bail of RM20,000 with one local surety.
They also requested that Lim surrender his passport and report monthly to the nearest ministry office pending disposal of the case.
However, lawyer YX Ching, who represented the accused, sought a lower bail amount, saying his client was the sole breadwinner for his wife, three children, and 79-year-old mother who is recovering from a stroke.
“Lim has been cooperating throughout the investigation, did not attempt to abscond, and voluntarily came to court today,” he told the court.
Judge Che Wan Zaidi then set bail at RM10,000 with one local surety, without additional conditions.
He also set Oct 8 for next mention and document submission.
Lim posted bail.
The Geographical Indications Act protects names or signs associated with products from specific regions that possess qualities or reputation due to their place of origin.
The law prevents the misuse of labels by unauthorised producers, thereby safeguarding consumers and the integrity of Malaysia’s heritage products.
The case marks the first prosecution under the Act since it came into force on March 18, 2022.
