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In forceUpdated to 1 Dec 2011Read it in Bahasa Malaysia
Contents

Act of Parliament

Emblems and Names (Prevention of Improper Use) Act 1963

Feedback & supportStops improper use of certain emblems and names in work and trade

Official textFrom Laws of Malaysia Online, unchanged

s 1Short title

This Act may be cited as the Emblems and Names (Prevention of

Improper Use) Act 1963.

s 2Interpretation

In this Act, unless the context otherwise requires—

“competent authority” means any authority competent under any law for the time being in force to register any company, firm or other body of persons, or any trade mark or design, or to grant a patent;

“specified emblem” means any emblem, seal, flag, pennant, insignia, formation sign, ensign or coat-of-arms specified in Part I of the Schedule;

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“specified name” means any name specified in Part II of the

Schedule and includes any abbreviation of any such name.

(1)

Notwithstanding anything contained in any law for the time being in force, no person shall, except with the written permission of the Minister —

(a)

use any specified name or specified emblem, or any colourable imitation thereof, for the purpose of any trade, business, calling or profession;

(b)

use for the purposes of, or display as an advertisement for, any business, trade, calling or profession, or sell, any photograph, drawing or other pictorial representation of the Yang di-Pertuan Agong or the Raja Permaisuri

Agong;

(c)

use or continue to use any specified name or specified emblem, or any colourable imitation thereof, in the title of any patent, or in any trade mark or design; or

(d)

make for the purposes of sale or sell or have in his possession for sale, any specified emblem.

(2)

Paragraph (1)(b) relating to the use of any photograph, drawing or other pictorial representation aforesaid shall not apply to the publication of news (whether in a newspaper or by any other medium) or to the publication of any article in a newspaper.

(3)

The Minister may subject any permission given under subsection (1) to such conditions as he may deem fit.

Emblems and Names (Prevention of

Improper Use)

7

s 4Prohibition of registration of certain companies, etc.

Notwithstanding anything contained in any law for the time being in force, no competent authority shall—

(a)

register any company, firm or other body or persons under any name;

(b)

register a trade mark or design which bears any emblem, name, photograph, drawing or other pictorial representation; or

(c)

grant a patent in respect of an invention which bears a title containing any emblem or name, if the use of such name, emblem, photograph, drawing or pictorial representation would be in contravention of section 3.

s 5Penalty

Any person who contravenes section 3 commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years, or to both.

s 6Sanction for prosecution

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction in writing of the Public

Prosecutor.

s 7Power to amend Schedule

The Yang di-Pertuan Agong may, by notification in the Gazette, add to or alter the Schedule.

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Schedules