The general purpose and objective of the Geographical Indications (Compounding of Offences) Regulations 2026 is to establish the legal framework, procedural rules, and enforcement mechanisms for the compounding of offences under section 65 of the Geographical Indications Act 2022 [Act 836]. Made by the Minister of Domestic Trade and Cost of Living with the approval of the Public Prosecutor, these Regulations aim to streamline administrative proceedings and compliance enforcement by allowing designated offences related to geographical indications to be settled out of court through monetary compounding instead of immediate criminal prosecution. The Regulations designate specific compoundable offences listed under the First Schedule, which includes provisions under subsections 34(3), 38(2), 43(5), 45(1), 51(8), sections 35, 36, 37, 47, 48, 54, and 60 of the Geographical Indications Act 2022. To initiate the compounding procedure, the Controller must obtain the prior written consent of the Public Prosecutor using Form 1 of the Second Schedule. Upon receiving information or complaints, the Controller may issue a formal offer to compound the offence to the alleged offender using Form 2 Under the operational procedures, an offer to compound remains valid for a period of fourteen days from the date of receipt, or for any extended period granted in writing by the Controller. A person accepting the offer must submit a formal acceptance in Form 3 and complete the payment to the Controller. Permissible payment methods include cash, crossed money order, postal order, or bank draft made payable to the Controller, as well as credit card, debit card, charge card, prepaid card, or other electronic fund transfers. Upon receiving payment, the Controller is required to issue an official or electronic receipt. If full payment is made within the stipulated timeframe, no further legal proceedings shall be taken against the offender. Conversely, if no payment is received within the specified period, criminal prosecution may be instituted against the individual or corporate entity without further notice.
马来西亚 · 2026-04-08