Advertisement
Emblems and Names (Prevention of Improper Use) Act 1963 [Act 414]

1 Short title   cite [+]

This Act may be cited as the Emblems and Names (Prevention of Improper Use) Act 1963.

2 Interpretation   cite [+]

In this Act, unless the context otherwise requires-

"competent authority" means any authority competent under any law for the time being in force to register any company, firm or other body of persons, or any trade mark or design, or to grant a patent;

"specified emblem" means any emblem, seal, flag, pennant, insignia, formation sign, ensign or coat-of-arms specified in Part I of the Schedule;

"specified name" means any name specified in Part II of the Schedule and includes any abbreviation of any such name.

3 Prohibition of improper use of emblems, names and pictorial representations   cite [+]

(1) Notwithstanding anything contained in any law for the time being in force, no person shall, except with the written permission of the Minister -

(a) use any specified name or specified emblem, or any colourable imitation thereof, for the purpose of any trade, business, calling or profession;

(b) use for the purposes of, or display as an advertisement for, any business, trade, calling or profession, or sell, any photograph, drawing or other pictorial representation of the Yang di-Pertuan Agong or the Raja Permaisuri Agong;

(c) use or continue to use any specified name or specified emblem, or any colourable imitation thereof, in the title of any patent, or in any trade mark or design; or

(d) make for the purposes of sale or sell or have in his possession for sale, any specified emblem.


(2) Paragraph (1)(b) relating to the use of any photograph, drawing or other pictorial representation aforesaid shall not apply to the publication of news (whether in a newspaper or by any other medium) or to the publication of any article in a newspaper.

(3) The Minister may subject any permission given under subsection (1) to such conditions as he may deem fit.

4 Prohibition of registration of certain companies, etc.   cite [+]

Notwithstanding anything contained in any law for the time being in force, no competent authority shall-

(a) register any company, firm or other body or persons under any name;

(b) register a trade mark or design which bears any emblem, name, photograph, drawing or other pictorial representation; or

(c) grant a patent in respect of an invention which bears a title containing any emblem or name,


if the use of such name, emblem, photograph, drawing or pictorial representation would be in contravention of section 3.

5 Penalty   cite [+]

Any person who contravenes section 3 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand ringgit.

6 Sanction for prosecution   cite [+]

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction in writing of the Public Prosecutor.

7 Power to amend Schedule   cite [+]

The Yang di-Pertuan Agong may, by notification in the Gazette, add to or alter the Schedule.


SEARCH LEGISLATION
Title:


Number:

ADS