Skip to content
bruneilawsby aturio
In force1984 Revised Edition
Contents

Act

Emblems and Names (Preventon of Improper Use) Act

Stopping improper use of certain emblems and names

Official textFrom Attorney General's Chambers, unchanged

s 1

This Act may be cited as the Emblems and Names Sbhorttitle

(Prevention of Improper Use) Act.

s 2In this Act unless the context otherwise requires — interpreta-tion

“competent authority” means any authority com-petent under any law for the time being in force to register any company, firm or other body of per-sons, or any trade mark or design, or to grant a patent;

“specified emblem’? means any emblems, 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.

s 3

(1)

Notwithstanding anything contained in any law Prohibition for the time being in force, no person shall, except with the of improper written permission of His Majesty the Sultan and Yang Di- °m!ems.

names and

Pertuan — pictorial rep-Tesentations

(a)

use any specified name or specified emblem, or any colourable imitation thereof, for the pur-pose of any trade, business, calling or profession;

or

4

Emblems and Names

Prohibition of registra-tion of certain com-panies, etc.

(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 His Majesty or

Her Majesty the Raja Isteri; or

(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 of design; or

(d)

make for the purpose of sale or sell or have in his possession for sale, any specified emblem.

(2)

The provisions of paragraph (b) of subsection (1)

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

(3)

His Majesty may subject any permission given under subsection (1) to such conditions as he may deem fit.

s 4

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; or

(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,

Emblems and Names CAP, 94

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

s 5

Any person who contravenes the provisions of section 3 shall be guilty of an offence: Penalty, a fine of

$2,000.

s 6No prosecution for any offence punishable under this

Act shall be instituted except with the previous sanction in writing of the Public Prosecutor.

s 7His Majesty in Council may, by notification in the

Gazette, add to or alter the Schedule.

Schedules