Section 96
Section 96
(1)
It is an offence for a person to make, or cause to be made, a false entry in the register of trade marks, knowing or having reason to believe that it is false.
(2)
It is an offence for a person —
(a)
to make or cause to be made anything falsely purporting to be a copy of an entry in the register; or
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(b)
to produce or tender, or cause to be produced or tendered, in evidence any such thing, knowing or having reason to believe that it is false.
(3)
Any person guilty of an offence under this section is liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 5 years or both.
Falsely representing trade mark as registered 97.
(1)
Any person who makes a representation —
(a)
with respect to a mark, not being a registered trade mark, to the effect that it is a registered trade mark;
(b)
with respect to a part of a registered trade mark, not being a part separately registered as a trade mark, to the effect that it is so registered;
(c)
to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not registered; or
(d)
to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not give that right, is guilty of an offence and liable on conviction to a fine not exceeding $10,000.
(2)
For the purpose of this section, the use in Brunei Darussalam in relation to a trade mark of the word “registered”, or of any other word referring whether expressly or impliedly to registration, is deemed to import a reference to registration in the register, except —
(a)
where that word is used in physical association with other words delineated in characters at least as large as those in which that word is delineated and indicating that the reference is to registration as a trade mark under the law of any country other than Brunei
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Darussalam, being a country under the law of which the registration referred to is in fact in force;
(b)
where that word (being a word other than the word
“registered”) is of itself such as to indicate that the reference is to such registration; or
(c)
where that word is used in relation to a mark registered as a trade mark under the law of any country other than
Brunei Darussalam and in relation to goods to be exported to that country or to services for use in that country.
Counterfeiting trade mark used by another 98.
(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.
Making or possession of instrument for counterfeiting trade mark 99.
Any person who makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a trade mark, or has in his possession a trade mark for the purpose of denoting that any goods are the manufacture or merchandise of a person whose manufacture or merchandise they are not, or that they belong to a person to whom they do not belong, 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.
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Importing or selling etc. goods marked with counterfeit trade mark 100.
Any person who imports, sells or exposes or has in his possession for sale or for any purpose of trade or manufacture any goods or thing to which a counterfeit trade mark has been applied or to which a registered trade mark has been falsely applied, unless he proves that —
(a)
having taken all reasonable precautions against committing an offence under this section, he had, at the relevant time, no reason to suspect the genuineness of the mark and on demand made by or on behalf of the prosecution, he gave all the information in his power with respect to the persons from whom he obtained the goods or thing; or
(b)
he had acted innocently, is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 5 years for each goods or thing to which the counterfeit trade mark has been applied or the registered trade mark has been falsely applied (but not to exceed in the aggregate $100,000), or both.
Falsely applying registered trade mark to services 101.
Any person who falsely applies a registered trade mark to services, unless he proves that he had acted innocently, 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.
Unauthorised use of Royal arms etc.