Falsification of Register, etc.
Any person who—
(a) makes or causes to be made a false entry in the Register;
(b) makes or causes to be made a false entry in any certified copy of a document or publication in the Industrial Designs Registration Office;
(c) makes or causes to be made a false document purporting to be a copy of an entry in the Register;
(d) produces or tenders or causes to be produced or tendered in evidence any document mentioned in paragraph (b) or
(c) knowing such document or any entry therein to be false; or
(e) falsely makes a claim that he is the owner of the registered industrial design or represents that he is acting in the capacity of, or on behalf of the owner of the registered industrial design,
shall be guilty of an offence and is liable on conviction to a fine not exceeding fifteen thousand ringgit or to imprisonment for a term not exceeding two years or to both.
False representation of registration
(1) Any person who falsely represents that anything disposed of by him for value is an article protected by an industrial design registration commits an offence and shall be liable on conviction to a fine not exceeding fifteen thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(2) For the purposes of subsection (1), a person who for value disposes of any article having stamped, engraved or impressed thereon or otherwise applied thereto the words “registered industrial design” or any other word or words expressing or implying that the article is one to which a registered industrial design has been applied, shall be taken to represent that the article is one protected by an industrial design registration.
(3) Subsection (1) does not apply where the representation is made in respect of an industrial design after the registration in respect of that industrial design has expired or been revoked and before the end of a period which is reasonably sufficient to enable that person to take steps to ensure that the representation is not made or does not continue to be made.
(4) In proceedings for an offence under this section, it shall be a defence for any person to prove that he used due diligence to prevent the commission of the offence.
(5) This section shall have effect in relation to a right to apply for the registration of an industrial design as they have effect in relation to a registered industrial design, and references to a registered industrial design shall include references to a right to apply for the registration of an industrial design.
Use of title “Industrial Designs Registration Office”
Any person who uses on his place of business or any document issued by him or otherwise the words “Industrial Designs Registration Office” or any other words suggesting that his place of business is, or is officially connected with, the Industrial Designs Registration Office commits an offence and is liable on conviction to a fine not exceeding fifteen thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Offences by body corporate
(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be prosecuted against and punished accordingly as provided by this Act.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
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).
