Malaysia legislation
Section 80
Section 80
(a)
the country in question has notified Malaysia in accordance with Article 6ter(3) of the Paris Convention, or under that Article as applied by the TRIPS
Agreement, that it desires to protect that emblem, sign or hallmark;
(b)
the notification remains in force; and
Trademarks 81
(c)
Malaysia has not objected to it in accordance with
Article 6ter(4) of the Paris Convention or under that
Article as applied by the TRIPS Agreement, or any such objection has been withdrawn.
(2)
For the purposes of section 79, the armorial bearing, flag, emblems, abbreviations and names of an international intergovernmental organization shall be regarded as protected under the Paris Convention or under that Article as applied by the
TRIPS Agreement only if, or to the extent that—
(a)
the organization in question has notified Malaysia in accordance with Article 6ter(3) of the Paris Convention or under that Article as applied by the TRIPS
Agreement, that it desires to protect that armorial bearing, flag, emblem, abbreviation or name;
(b)
the notification remains in force; and
(c)
Malaysia has not objected to it in accordance with
Article 6ter(4) of the Paris Convention or under that
Article as applied by the TRIPS Agreement, or any such objection has been withdrawn.
(3)
Notification under Article 6ter(3) of the Paris Convention or under that Article as applied by the TRIPS Agreement, shall have effect only in relation to applications for registration of trademarks under subsection 17(2) made more than two months after the receipt of the notification.
(4)
The Registrar shall keep and make available for public inspection, at all reasonable hours and free of charge, a list of—
(a)
the state emblems and official signs or hallmarks; and
(b)
the armorial bearing, flag, emblems, abbreviations and names of international intergovernmental organizations, which are for the time being protected under the Paris Convention or under that Article as applied by the TRIPS Agreement by notification made under Article 6ter(3) of the Paris Convention or under that Article as applied by the TRIPS Agreement.
82