Section 102
Section 102
(1)
A person shall not without the authority of His Majesty the
Sultan and Yang Di-Pertuan cause or permit to appear on a trade mark used by him in connection with any business —
(a)
a representation of the Emblem, Arms and Regalia of
Brunei Darussalam, including the Royal Arms, State Crest, the
Insignia of Royalty, armorial bearings and other insignia and emblems of Brunei Darussalam, or any device so closely resembling any of them as to be likely to deceive in such manner as to be likely to lead to the belief that he has been authorised to use them or any of them;
Trade Marks
B.L.R.O. 6/2022 79
(b)
any name or thing which is a specified name or specified emblem as defined in section 2 of the Emblems and Names
(Prevention of Improper Use) Act (Chapter 94).
(2)
A person shall not without the authority of His Majesty the
Sultan and Yang Di-Pertuan, a member of the Royal family or the
Government use or permit to be used in connection with any business any arms, device, emblem or title in such manner as to be likely to lead to the belief that he is employed by or supplies goods or services to His Majesty the
Sultan and Yang Di-Pertuan, that member of the Royal family or, as the case may be, the Government.
(3)
Contravention of subsection (1) or (2) may be restrained by injunction in proceedings brought by —
(a)
any person who is authorised to use the arms, device, emblem or title; or
(b)
any person authorised by the Adat Istiadat Officer to take such proceedings.
(4)
Nothing in this section affects any right of any person who was, on the commencement of this Act the proprietor of a trade mark containing any such arms, device, emblem or title to continue to use that trade mark.
(5)
Any person who imports, sells or exposes, or has in his possession for sale or for any purpose of business or manufacture any goods or thing to which a trade mark bearing any matter prohibited by subsection (1) or (2) has been applied is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 5 years or both, and shall forfeit any goods to which the trade mark bearing that matter has been applied.
Offences committed by partnership and bodies corporate 103.
(1)
Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, is also guilty of the offence and liable to be proceeded against and punished accordingly.
(2)
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
Trade Marks 80
attributable to any neglect on the part of, a director, manager, secretary or other similar officer of that body, or of a person purporting to act in any such capacity, he, as well as the body corporate, is also guilty of the offence and liable to be proceeded against and punished accordingly.
(3)
In relation to a body corporate whose affairs are managed by its members, “director”, in subsection (2), means any member of that body corporate.
Forfeiture of counterfeit goods etc.
Forfeiture 104.
(1)
Where there has come into the possession of any person in connection with the investigation or prosecution of an offence under section 94 or under the Merchandise Marks Act (Chapter 96), or any offence involving dishonesty or deception —
(a)
goods which, or the packaging of which, bear a sign identical to or likely to be mistaken for a registered trade mark;
(b)
material bearing such a sign and intended to be used for labelling or packaging goods, as a business paper in relation to goods, or for advertising goods; or
(c)
articles specifically designed or adapted for making copies of such a sign, that person may apply to the court under this section for an order for the forfeiture of those goods, material or articles.
(2)
On an application under this section, the court shall make an order for the forfeiture of any goods, material or articles only if it is satisfied that an offence mentioned in subsection (1) has been committed in relation to those goods, material or articles.
(3)
The court may infer for the purpose of this section that such an offence has been committed in relation to any goods, material or articles if it is satisfied that such an offence has been committed in relation to goods, material or articles which are representative of them, whether by reason of being of the same design, or part of the same consignment or batch, or otherwise.
Trade Marks
B.L.R.O. 6/2022 81
(4)
Subject to subsection (5), where any goods, material or articles are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.
(5)
On making an order under this section the court may, if it considers it appropriate to do so, direct that the goods, material or articles to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that such person —
(a)
causes the offending sign to be erased, removed or obliterated; and
(b)
complies with any order to pay costs which has been made against him in the proceedings for the order for forfeiture.