Producers urged to register unique varieties in Malaysia

She said the recognition of Musang King, Balik Pulau and Black Thorn as GIs strengthens Malaysia's position as the origin of these globally renowned varieties.

"It highlights the connection between their unique qualities and Malaysia's environment, cultivation practices and local communities," she said.

She said that GI protection also supports Malaysia's claims in discussions involving originality and heritage while raising the profile of Malaysian durians in global markets.

Meanwhile, an intellectual property lawyer has explained that Malaysia can protect the identity of durian varieties like the Musang King from being exploited overseas.

Durian growers can do this by getting an intellectual property practitioner to file such rights outside Malaysia, says Bar Council Intellectual Property Committee Co-chairperson Foong Cheng Leong.

To make a geographical indication claim for a durian variety like Musang King as an exclusive Malaysian product, an application should be filed in every country's designated government department that deals with IP.

"Any registered rights will need to be extended outside of Malaysia.

"Thus, they need to instruct a local or foreign IP practitioner to file those rights.

"Each country would have its own designated government department to accept such applications," Foong said.

Globally, GI is often used for wines, spirits, and agricultural products, such as Darjeeling tea from India and Greece's feta cheese.

Brand names

Another way to protect the identity of Malaysia's durian varieties is through brand names that no one else can use other than those who are licensed.

It was reported that the Ministry of Agriculture and Food Security had received two proposals — one backing durian and another pushing for pineapple — both seeking recognition as the country's official national fruit.

Malaysia's push for durian to be recognized as the national fruit, however, has drawn a sharp reaction from Indonesia.

Indonesia has asserted its larger production gives it the right to declare durian as its national fruit.

Asked to comment on whether two or more countries can make claims on the same fruit, Foong said any country can claim any fruit to be its national fruit.

"There is no exclusivity to it," he added.

THE STAR, MALAYSIA