The renewal of our very Malaysian durian brand, “Musang King,” for the next decade has made recent headlines. The king of fruit is famous for its very yellow, creamy and bitter flesh, and the end of its fruit shell has a non-thorny star-shaped area the size of our 50-cent coin, that it is so well-known for being exported out of the country at high prices for its extremely high market demand, especially across Asia. Musang King is a durian variety originated from the Raub District in the state of Pahang, Malaysia. It then soared to fame due to its unique taste profile that is very much sought after. This durian “brand” was actually registered as a Geographical Indication (GI2014-00001) on 13 March 2014 by the Malaysian Department of Agriculture. The registration was active until 2024 and was renewed for an additional 10 years until 2034, and renewable again thereafter.

The geographic origin of the fruit as registered covers the entire Malaysia, including the states of Sabah and Sarawak on Borneo Island. Besides the characteristics of the fruit, the way of planting includes watering the tree during vegetative growth and it also needs a drought period between 1 to 3 months to stimulate flowering. Then, the tree needs enough water when the flower bud breaks and the fruit begins to form. Water should not be excessive during fruit development to avoid the competition of nutrients between young fruits and new shoots. Propagation of the plant is by way of bud grafting or wedge grafting, as well as the selection of breeding material from a pure mother tree as the source.

There could be a question of “Why use geographical indication (GI) to protect this Musang King brand?” Geographical indications identify a good as originating from a particular place. Based on its place of origin, consumers may associate a good with a particular quality, characteristic or reputation. In this case, consumers identify Musang King as a distinct durian produce of a superior quality originating from non-other than Malaysia. On the other hand, trademarks inform consumers about the source of a good or service, not originating from a geographical area but a particular company. Trademarks help consumers associate a good or service with a specific quality or reputation, based on information about the company responsible for producing or offering it (WIPO Publication No. 952E/2021, ISBN 978-92-805-3283-8, 2021). Musang King belongs to any producer in the country who produces durians of said quality as recognised by the Malaysian government. It does not belong to any specific company or individual. Like trademark, GI is protected 10 years from the date of filing and is renewable every 10 years as long as it is still in use. Many countries have laws that protect famous GIs of other countries.

Little is known that due to it being a distinct variety of the durian plant, Musang King was also eligible for protection under the protection of new plant variety (PNPV, also known as plant breeder’s right, plant variety protection, or plant patent in some countries) at its creation. To be eligible for PNPV protection, the new variety must be new, it must have characteristics (like taste, resistance against pest or diseases, appearance, etc.) that are distinct and identifiable from the known varieties of its kind, the characteristics must be uniform across replicates of that variety and stable after particular cycles of reproduction. PNPV protection lasts for 15, 20 or 25 years from the date of filing depending on the type of plant and variety.

While any community or government body of a particular region may apply for a GI, any plant breeder who comes up with a new plant variety may apply for a PNPV. All GI, trademark and PNPV are intellectual property (IP) rights, so consideration should be made as to the type of suitable protection means available for one if they have, or consult a professional.

©DR. MARCUS CHEE OF NBS INTELLECTUAL SDN. BHD.
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