Malaysia legislation
Section 11
Section 11
Nothing in section 9 shall apply to a trade mark which before 23 December 1931, was registered in the United Kingdom or lawfully used in the territories now comprised in Malaysia and which consists of or contains any such design as is mentioned in paragraph 9(a) or (b); and where a person is charged with using
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such a design for any purpose and it is proved that he used it otherwise than as or as part of a trade mark registered or lawfully used as aforesaid it shall be a defence for him to prove—
(a)
that he before the said 23 December 1931, lawfully used that design in the territories now comprised in Malaysia or in the United Kingdom; or
(b)
in the case where he is charged with using the design upon goods, that the design had been applied to the goods before he acquired them by some other person who had manufactured or dealt with the goods in the course of trade and that the other person before the said 23 December 1931, lawfully used the design in the territories now comprised in Malaysia or in the United
Kingdom on similar goods.
Prosecution of offences