Section 79
Section 79
No offence is committed under section 19 of the Legal Profession
Act (Chapter 132) by the use of the term “trade mark attorney” in reference to a registered trade mark agent.
Privilege for communications with registered trade mark agents 80.
(1)
This section applies to communications as to any matter relating to the protection of any trade mark or involving passing off.
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(2)
Any such communication —
(a)
between a person and his trade mark agent; or
(b)
for the purpose of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing his trade mark agent, is privileged from disclosure in legal proceedings in the same way as a communication between a person and his advocate and solicitor or, as the case may be, a communication for the purpose of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing his advocate and solicitor.
(3)
In subsection (2), “trade mark agent” means —
(a)
a registered trade mark agent;
(b)
a partnership entitled to describe itself as a firm of registered trade mark agents;
(c)
a body corporate entitled to describe itself as a registered trade mark agent; or
(d)
any person authorised in writing under section 75.
Power of Registrar to refuse to deal with certain agents 81.
(1)
The Attorney General may, with the approval of His Majesty the
Sultan and Yang Di-Pertuan, make rules authorising the Registrar to refuse to recognise as an agent in respect of any business under this Act —
(a)
a person who has been convicted of an offence under section 77;
(b)
an individual whose name has been erased from and not restored to, or who is suspended from, the register of trade mark agents on the grounds of misconduct;
(c)
a person who is found by the Registrar to have been guilty of such conduct as would, in the case of an individual registered in
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the register of trade mark agents, render him liable to have his name erased from the register on the grounds of misconduct;
(d)
a partnership or body corporate of which one of the partners or directors is a person whom the Registrar could refuse to recognise under paragraph (a), (b) or (c).
(2)
The rules may contain such incidental and supplementary provisions as appear to the Attorney General to be appropriate, including the prescription of circumstances in which a person is or is not to be taken to have been guilty of misconduct.