EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT 1963

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 414 EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT 1963 As at 1 March 2018 2 EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT 1963 First enacted … Revised … … ... ... ... … … … Latest amendment made by Act A1525 which came into operation on … … … … 1963 (Act No. 19 of 1963) 1989 (Act 414 w.e.f. 28 December 1989) … 25 October 2017 PREVIOUS REPRINTS First Reprint… ... ... ... 2001 Second Reprint ... ... ... 2006 3 LAWS OF MALAYSIA Act 414 EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT 1963 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Prohibition of representations 4. Prohibition of registration of certain companies, etc. 5. Penalty 6. Sanction for prosecution 7. Power to amend Schedule SCHEDULE improper use of emblems, names and pictorial 5 LAWS OF MALAYSIA Act 414 EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT 1963 An Act to prevent the improper use of certain emblems and names for professional and commercial purposes. [1 September 1963] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title 1. This Act may be cited as the Emblems and Names (Prevention of Improper Use) Act 1963. Interpretation 2. 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; 6 Laws of Malaysia ACT 414 “specified name” means any name specified in Part II of the Schedule and includes any abbreviation of any such name. Prohibition of improper use of emblems, names and pictorial representations 3. (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. Emblems and Names (Prevention of Improper Use) 7 Prohibition of registration of certain companies, etc. 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; (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. Penalty 5. Any person who contravenes section 3 commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years, or to both. Sanction for prosecution 6. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction in writing of the Public Prosecutor. Power to amend Schedule 7. The Yang di-Pertuan Agong may, by notification in the Gazette, add to or alter the Schedule. 8 Laws of Malaysia ACT 414 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 Organization. 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 Organization which is also known as “Interpol” or “ICPO-Interpol”. 7. The emblem of the Central Bank of Malaysia. 8. The Malaysian Flag – Jalur Gemilang. 9. The emblem of the Ministries, Department or Federal Government Agencies. 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 Organization which is also known as “Interpol” or “ICPO-Interpol”. 4. The name of the Central Bank of Malaysia. 5. The name of the Malaysian Flag – Jalur Gemilang. 9 LAWS OF MALAYSIA Act 414 EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT 1963 LIST OF AMENDMENTS Amending law Short title In force from Act 160 Malaysian Currency (Ringgit) Act 1975 29-08-1975 P.U. (B) 74/1982 Notification under Section 7 of the Emblems and Names (Prevention of Improper Use) Act 1963 19-02-1982 P.U. (B) 501/1995 Notification under Section 7 of the Emblems and Names (Prevention of Improper Use) Act 1963 03-11-1995 P.U. (B) 360/2012 Notification under Section 7 of the Emblems and Names (Prevention of Improper Use) Act 1963 01-11-2012 Emblems and Names (Prevention of Improper User) (Amendment) Act 2017 25-10-2017 Act A1525 10 LAWS OF MALAYSIA Act 414 EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT 1963 LIST OF SECTIONS AMENDED Section Amending authority In force from 5 Act 160 Act A1525 29-08-1975 25-10-2017 Schedule P.U. (B) 74/1982 P.U. (B) 501/1995 P.U. (B) 360/2012 19-02-1982 03-11-1995 01-11-2012