Franchise Act 1998 · Updated to 1 Nov 2023 · Part VII · Enforcement
44. Search by warrant
Feedback & supportIf it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there is reasonable cause to believe that an offence under this Act is being or has been committed on any premises, the Magistrate may issue a warrant authorizing any authorized officer named therein, to enter the premises at any reasonable time by day or by night, with or without assistance and if need be by force.
36 Laws of Malaysia ACT 590
An authorized officer may, in the premises entered under subsection (1), search and seize—
copies of any books, accounts or other documents, including computerized data, which contain or are reasonably suspected to contain information as to any offence so suspected to have been committed;
any mark, signboard, card, letter, pamphlet or other device or thing representing or implying that the person is a franchisor, franchise broker or franchisee;
any other document or item that is reasonably believed to furnish evidence of the commission of such offence.
An authorized officer conducting a search under subsection (1) may, if in his opinion it is reasonably necessary to do so for the purpose of investigating into the offence, search any person who is in or on such premises.
person
“person” includes a natural person, corporation, partnership, association, firm, joint venture or trust;
An authorized officer making a search of a person under subsection (3) may seize, detain or take possession of any book, accounts, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing found on such person for the purpose of the investigation being carried out by such officer.
mark
“mark” includes a trade mark, service mark, symbol, design, brand, heading, label, ticket, name, signature, word and letter or any combination of them;
Where, by reason of its nature, size or amount, it is not practicable to remove any book, accounts, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing seized under this section, the seizing officer shall, by any means, seal such book, accounts, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing in the premises or container in which it is found.
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (5) or removes any book, accounts, document, computerized data, mark, signboard, card, letter, pamphlet, device or thing under seal or attempts to do so commits an offence.
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franchise
“franchise” means a contract or an agreement, either expressed or implied, whether oral or written, between two or more persons by which— Franchise 9 (a) the franchisor grants to the franchisee the right to operate a business according to the franchise system as determined by the franchisor during a term to be determined by the franchisor; (b) the franchisor grants to the franchisee the right to use a mark, or a trade secret, or any confidential information or intellectual property, owned by the franchisor or relating to the franchisor, and includes a situation where the franchisor, who is the registered user of, or is licensed by another person to use, any intellectual property, grants such right that he possesses to permit the franchisee to use the intellectual property; (c) the franchisor possesses the right to administer continuous control during the franchise term over the franchisee’s business operations in accordance with the franchise system; and (d). (e) in return for the grant of rights, the franchisee may be required to pay a fee or other form of consideration. (f).
Search warrant valid notwithstanding defects