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bruneilawsby aturio
In force2022 Revised Edition
Contents

Part · Proceedings Relating to Importation of Infringing Goods

98. Counterfeiting trade mark used by another

(1)

Any person who counterfeits any trade mark used by any other person is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 5 years or both.

(2)

A person is deemed to counterfeit a trade mark if he —

(a)

without the consent of the proprietor of the trade mark, makes that trade mark or a mark so;

(b)

nearly resembling that trade mark as to be calculated to deceive; or

(c)

falsifies any genuine trade mark whether by alteration, addition, effacement or otherwise.

(3)

In any prosecution under this section, the burden of proving the consent of the proprietor shall lie on the defendant.

Report

Read on from s 99

Part

Miscellaneous and General Provisions

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