This Act may be cited as the Emblems and Names (Prevention of Improper Use) Act 1963.
Act 414
Emblems and Names (Prevention of Improper Use) Act 1963
Akta lambang dan nama (mencegah penggunaan tak wajar) 1963
An Act to prevent the improper use of certain emblems and names for professional and commercial purposes.
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Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.
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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.
(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.
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.
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.
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction in writing of the Public Prosecutor.
The Yang di-Pertuan Agong may, by notification in the Gazette, add to or alter the Schedule.
[Sections 2 and 7]
PART I—EMBLEMS
1. The standards, coats-of-arms and official seals of the Yang di-Pertuan Agong and the Raja Permaisuri Agong.
2. The Public Seal of the Federation.
3. The Federation Coat-of-Arms.
4. The emblem or official seal of the United Nations Organisation.
5. The Orders, Insignias, Medals, Badges and Decorations instituted by statutes of the Yang di-Pertuan Agong.
6. The emblem of the International Criminal Police Organisation which is also known as “Interpol” or “ICPO-Interpol”.
PART II—NAMES
1. The name of the Yang di-Pertuan Agong.
2. The name of the Raja Permaisuri Agong.
3. The name of the International Criminal Police Organisation which is also known as “Interpol” or “ICPO-Interpol”.
Cite this legislation
- Official citation
- Act 414
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗
Emblems and Names (Prevention of Improper Use) Act 1963 [Act 414] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-414
This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).