KUALA LUMPUR, June 30 — The Intellectual Property Corporation of Malaysia (MyIPO) has explained that usage of the name Harumanis applies exclusively to the variety of mangoes grown in Perlis, since it was registered back in 2011.
Sinar Harian reported its director-general Datuk Mohd Roslan Mahayudin as saying that mango farm operators who use the name elsewhere outside of the state can be liable for action in court under the Geographical Indications Act 2000.
“The Perlis Harumanis mango (Clone MA 128) was registered as a Geographical Indicator on August 2, 2011, on behalf of the Perlis Agriculture Department.
“Should any party claim their mangos are Perlis Harumanis when they were actually produced elsewhere such as in Kedah, Kelantan and such, an injunction can be made and compensation claimed under Section 5 of the Act, for providing a misleading picture on the Geographical Indicator product,” he said.
Section 5 of the Geographical Indications Act 2000 states that “the court may grant an injunction to prevent any unlawful use of the geographical indication and award any damages and legal remedy as it deems fit” if the indication is abused.
Roslan was responding to the Perlis Harumanis Entrepreneurs Association, which requested that other states not use the Harumanis trademark in reference to their own mangos.
However, he added that despite protection for Harumanis as a trademark under the Act, it is not illegal for the Clone MA 128 mango to be grown elsewhere outside of Perlis.
With its scientific name Mangifera indica Linn, the Harumanis is a mango cultivar commonly associated with Perlis. Its name refers to its fragrance and sweetness, and is usually in season between April and June.