Section 102
Importing or selling, etc., goods with falsely applied trademark
(a)
imports into Malaysia for the purpose of trade or manufacture;
(b)
sells or offers or exposes for sale; or
(c)
has in his possession, custody or control for the purpose of trade or manufacture, any goods to which a registered trademark is falsely applied under section 100, unless he proves that having taken all reasonable
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precautions against committing an offence under this section, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trademark and on demand made by the Assistant Controller as defined in section 109, he gave all the information in his knowledge with respect to the persons from whom he obtained the goods, commits an offence and shall, on conviction, be liable—
(i)
if the person is a body corporate, to a fine not exceeding fifteen thousand ringgit for each of the goods with the falsely applied registered trademark, and for a second or subsequent offence, to a fine not exceeding thirty thousand ringgit for each of the goods with the falsely applied registered trademark; or
(ii)
if the person is not a body corporate, to a fine not exceeding ten thousand ringgit for each of the goods with the falsely applied registered trademark or to imprisonment for a term not exceeding three years or to both, and for a second or subsequent offence, to a fine not exceeding twenty thousand ringgit for each of the goods with the falsely applied registered trademark, or to imprisonment for a term not exceeding five years or to both.
(2)
For the purposes of paragraph (1)(c), a person having in his possession three or more of the goods to which a registered trademark is falsely applied is deemed to have in possession the goods for the purpose of trade or manufacture.
False entries to Trademarks Office or in Register