Trade Marks Act · s 78

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78.
Power to prescribe conditions etc. for mixed partnerships and bodies corporate
(1) The Attorney General may, with the approval of His Majesty the
Sultan and Yang Di-Pertuan, make rules prescribing the conditions to be satisfied for the purposes of section 77 —
(a) in relation to a partnership where not all the partners are qualified persons; or

Trade Marks
(b) in relation to a body corporate where not all the directors are qualified persons, and imposing requirements to be complied with by such partnerships or bodies corporate.
(2) The rules may include —
(a) the prescription of conditions as to the number or proportion of partners or directors who must be qualified persons;
(b) the imposition of requirements as to —
(i) the identification of qualified and unqualified persons in professional advertisements, circulars or letters issued by or with the consent of the partnership or body corporate and which relate to its business; and
(ii) the manner in which a partnership or body corporate is to organise its affairs so as to secure that qualified persons exercise a sufficient degree of control over the activities of unqualified persons.
(3) Any person who contravenes any requirement imposed by such rules is guilty of an offence and liable on conviction to a fine not exceeding $15,000.
(4) In this section, “qualified person” means a registered trade mark agent.

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s 78Power to prescribe conditions etc. for mixed partnerships and bodies corporate

(1)

The Attorney General may, with the approval of His Majesty the

Sultan and Yang Di-Pertuan, make rules prescribing the conditions to be satisfied for the purposes of section 77 —

(a)

in relation to a partnership where not all the partners are qualified persons; or

Trade Marks

(b)

in relation to a body corporate where not all the directors are qualified persons, and imposing requirements to be complied with by such partnerships or bodies corporate.

(2)

The rules may include —

(a)

the prescription of conditions as to the number or proportion of partners or directors who must be qualified persons;

(b)

the imposition of requirements as to —

(i)

the identification of qualified and unqualified persons in professional advertisements, circulars or letters issued by or with the consent of the partnership or body corporate and which relate to its business; and

(ii)

the manner in which a partnership or body corporate is to organise its affairs so as to secure that qualified persons exercise a sufficient degree of control over the activities of unqualified persons.

(3)

Any person who contravenes any requirement imposed by such rules is guilty of an offence and liable on conviction to a fine not exceeding $15,000.

(4)

In this section, “qualified person” means a registered trade mark agent.