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Section 99

of Trademarks Act 2019

ActIn forceProvision 99 of 214

Section 99

(a)

making a sign identical with or similar to a registered trademark with the intent to deceive; or

(b)

falsifying a genuine registered trademark, whether by alteration, addition, effacement, partial removal or otherwise, without the consent of the registered proprietor of the trademark

Trademarks 93

commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both.

(2)

In a prosecution under this section, the burden of proving the consent of the registered proprietor of the trademark shall be upon the accused person.