Malaysia legislation
Section 64
Section 64
Unauthorized claim or patent
(2)
For the purposes of subsection (1), a person who for value disposes of an article having stamped, engraved or impressed on it or otherwise applied to it the word “patent” or “patented” or anything expressing or implying that the article is a patented product, shall be taken to represent that the article is a patented product.
(3)
Subsection (1) does not apply where the representation is made in respect of a product after the patent for that product or, as the case may be, the process in question has, expired or been invalidated and before the end of a period which is reasonably sufficient to enable that
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person to take steps to ensure that the representation is not made or does not continue to be made.
(4)
In proceedings for an offence under this section, it shall be a defence for any person to prove that he used due diligence to prevent the commission of the offence.
Unauthorized claim that patent has been applied for