Section 147
Section 147
(a)
the document is sealed with the seal of the authorized officer or the government of the foreign state and the seal pertains to the trademarks registered in or otherwise recognized by the foreign country or if there is no such seal, there is enclosed a certificate signed by the authorized officer to the effect that the document shall be evidence of the matter contained therein; and
(b)
the foreign state or part thereof has entered into reciprocal arrangements with the Government of
Malaysia in respect of the admissibility of the documents.
(2)
For the purposes of this section—
(a)
“authorized officer” means a person or authority authorized by the government of the foreign state to keep and maintain a register or other record of trademarks under any written law in force in the foreign state relating to trademarks;
(b)
“document” means—
(i)
a printed or written copy of extract or other record of trademarks kept and maintained in the foreign state under any written law in force in the foreign state relating to trademarks; or
(ii)
any other document pertaining to any matter or act in relation to trademarks registered in or otherwise recognized by the foreign state as trademarks; and
(c)
“trademark” means any sign which includes the following or any combination of the following, namely, any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, colour (whether single colour or a combination of colours), sound, scent, hologram, positioning, sequence of motion which is used or intend to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and a person having the right either as proprietor or licencee
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to use the trademark (in the foreign state) whether with or without any indication of the identity of that person and which is registered or otherwise recognized by the foreign state as a trademark (under any written law in force in the foreign state relating to trademarks)
but does not include the trademarks of another foreign state registered in or otherwise recognized by the foreign state by virtue of a reciprocal arrangement between the foreign state and that other foreign state.
(3)
For the avoidance of doubt, this section shall not be construed to confer recognition of the trademarks of any foreign state for the purpose of registration under this Act but shall be construed only with references to the admissibility of evidence in any proceedings before a Court of the documents of the foreign state.