JOHOR BARU: A coffee production company and its director have become the first in Malaysia to be charged under the Geogra-phical Indications Act which seeks to protect the quality and characteristic of produce originating from one locality or region.
Lim Sen Thiam of KK Tanom Coffee Sdn Bhd pleaded not guilty to two counts of falsely applying a registered Geographical Indica-tions (GI) on coffee packaging without consent.
According to the charge sheet, he had misrepresented the registered GI “Tenom Coffee” without approval from its rightful proprietor.
Under the law, coffee cannot be sold as Tenom coffee unless it is from beans grown in the region.
Lim, in his capacity as the director of the company, was 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 charges against Lim, 53, were read before Judge Datuk Che Wan Zaidi Che Wan Ibrahim at the Sessions Court here yesterday.
The company was also accused of committing the same offence at a premises along Jalan Lagenda 5 at Lagenda Industrial Park in Kulai, at about 12.10pm on March 25.
Lim was charged under Section 67(1)(b) of the Act and 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 term, 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’s 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 office of the ministry.
Lim’s lawyer sought a lower bail, 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 cooperative throughout the investigation, did not attempt to abscond, and voluntarily came to court today (yesterday),” said Lim’s lawyer.
Judge Che Wan Zaidi then set bail at RM10,000 with one local surety, without additional conditions.
He also fixed Oct 8 for the case next mention for document submission. Lim posted bail.
The Geographical Indications Act is intended to prevent 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.
