Malaysia Wants To Copyright National Dishes

And why not – it is some of the scrummiest food on the planet and here at AALE we can’t get enough of it….so much so that this article published in the Straits Times has me changing my evening plans and going out for a Malaysian tonight.


So.. the crux of the article below is that the Malaysian Tourism minister wants to copyright the country’s food but Lawyer Bryan Tan of Keystone Law Corporation, which specialises in intellectual property that covers trademarks and patents, said popular or generic names such as chicken rice will be rejected by the patent office.

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Here’s the article:

Malaysia has said it wants to ‘lay claim’ on dishes such as chicken rice, bak kut teh, chilli crab, nasi lemak and laksa, but it will be an uphill task.

Lawyer Bryan Tan of Keystone Law Corporation, which specialises in intellectual property that covers trademarks and patents, said popular or generic names such as chicken rice will be rejected by the patent office.

But he added that someone can stake a claim to a dish using what is called a ‘geographical indication’.

He said: ‘Hainan, for example, can stake a claim for Hainanese chicken rice as it originated there.

‘This informs consumers that a product comes from a certain place and has special qualities due to that place of origin.

‘But this is different from a trade mark that is a sign used by a business to distinguish its goods and services from those of its competitors.’

One example is home-grown brand BreadTalk’s signature Flosss, a bun covered with special mayonnaise and topped with pork floss, created in 2000.

The name ‘Flosss’ is trademarked as part of Breadtalk’s brand equity protection in several countries, including Singapore. But this does not stop others from copying the concept and selling the bun under a different name.

Mr Tan was responding to remarks made by Malaysia’s Tourism Minister Datuk Seri Ng Yen Yen on Wednesday.

Speaking at the launch of the Malaysian International Gourmet Festival, she said that other countries, which she did not name, had hijacked some Malaysian dishes.

She said: ‘Chilli crab is Malaysian. Hainanese chicken rice is Malaysian. We have to lay claim to our food.’

She added that it will also identify more dishes as Malaysian in three months’ time.

Those in the food business here do not think it will work.

Mr K. F. Seetoh, founder of food and lifestyle consultancy Makansutra, said one can lay claim to a recipe but not a dish.

He said: ‘The dishes have evolved due to the different cultures in their own countries. For example, bak kut teh tastes very different in Singapore and Malaysia.’

Mr Hassan Abdul Khadir, 64, who runs the 16-year-old Selera Rasa Nasi Lemak stall in Adam Road food centre, said: ‘Singapore can also stake a claim on nasi lemak and so can Indonesia. This is a common Malay dish and wherever there are Malays, you will find it.’

He learnt the recipe from his mother when he was 18. ‘My mother learnt how to cook the dish from her mother and grandmother. All of us are Singaporeans.’

He added that the dish represents a rich, shared history between Singapore and Malaysia.

‘It’s not right for anyone to stake a claim to say that it is Singaporean or Malaysian,’ he said. ‘We were all once part of Malaya and some of the dishes, such as nasi lemak, have been around for at least 100 years.’

Bak kut teh, or pork rib soup, also has a long history.

It was introduced in Singapore in the 1950s by immigrants from China, according to Mr Frankie Kwee, 46, who runs the popular Teochew Bak Kut Teh stalls in Havelock Road and PSA Tanjong Pagar Complex near Anson Road.

He said in Mandarin: ‘I used to live where Liang Court is now. Next to my old house, there were coolies from China who lived and worked in the godowns in Clarke Quay.

‘They were the ones who introduced the pork rib soup in Singapore. It was a nourishing meal for the labourers at a time when vitamin supplements were unheard of.’

He added that there are many variations of the dish, including lighter- and darker-coloured versions of the soup.

Aside from generating debate among foodies here, there are deeper implications to Datuk Seri Dr Ng’s remarks.

For instance, how will it affect the Singapore Tourism Board’s (STB) food initiatives? The board promotes these ‘national dishes’ at the Singapore Day events held overseas.

Mr Andrew Phua, STB’s director of tourism, shopping and dining, said dishes such as curry fish head, chilli crab and yusheng originated in Singapore.

‘Given Singapore’s rich multi-ethnic heritage, we have a colourful and rich food culture that has contributed to Singapore’s widely acknowledged reputation as a food paradise,’ he said.

‘The cuisine that early migrants brought with them decades ago has since evolved to become local favourites. It has also taken on a blend across cultures much like the local fried Hokkien mee that is served with sambal belachan.’

The STB said it will continue to reinforce all these dishes to visitors as part of the Uniquely Singapore experience.

Food consultant Violet Oon said that it was difficult for any country to lay its claim on a dish.

She said: ‘Spaghetti, pasta and pizzas are now part of the American culinary tradition and Italy cannot lay claim to them. Much of what is national American food has originated elsewhere, such as hotdogs, which were actually German in origin.’

Singapore, Malaysia, and Indonesia also share a common Asian heritage.

She said: ‘The cuisine of a people tells the unique history of the passage of people between countries and the heritage that many countries share.’