HALAL FORENSICS AND BRAND PROTECTION: SAFEGUARDING THE SUSTAINABILITY OF THE HALAL FOOD INDUSTRY-TAN KIM HOCK TONG SENG FOOD INDUSTRY SDN BHD V TAN KIM HOCK PRODUCT CENTRE SDN BHD & ANOR. (2016) 7 MLJ 561

الملخص

Integrity of halal certification, consumer trust and effective legal protection are all essential for the sustainability of the halal food industry. The case of Tan Kim Hock Tong Seng Food Industry Sdn Bhd v Tan Kim Hock Product Centre Sdn Bhd & Anor [2016] 7 MLJ 561 illustrates the legal ramifications of using trademarks and representations in relation to halal products. The case was resolved largely by the doctrine of passing-off, but it raises issues about the field of halal forensics, consumer protection and brand integrity. The research method used in this study is doctrinal legal research. The doctrine is used to analyze the judicial decisions, legal principles, and scholarly literature related to halal governance and trademark protection. The results suggest that improper usage of branding with halal certified products can have a negative impact on consumer trust, business reputation and even the sustainability of the halal industry. The study also shows how halal forensics can be a significant tool in identifying fraudulent activities and ensuring the integrity of the halal product category. Because of this, the author argues that the enforcement needs to be enhanced, technology needs to be developed, and Maqasid al-Shariah should be taken into account in the governance of the halal food industry, the article concludes that these are necessary to safeguard the halal brands and to achieve halal food industry sustainable development.