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Trade Descriptions Act 2011

TRADE DESCRIPTIONS ACT 2011

AKTA PERIHAL DAGANGAN 2011

Act 730 · consolidated to 11 Jan 2022 · 58 pp

Intellectual property rightsSocio-economic rights
This copy of the Act is 4 years old. Any amendment made since 11 January 2022 is not in this text. Check the AGC record for later amendments.
Why it matters

What this does to artists

Makes it an offence to apply a false trade description to goods. In practice it is the consumer-protection sibling of trademark law and the route enforcement takes against counterfeit merchandise.

Start here

What to read first

Section numbers read out of the AGC text itself

s.7False trade description
s.65Offences by body corporate
s.40Power to enter premises and inspect and seize goods and documents
In practice

Where this one bites

Scenario

Sell merch, prints or downloads online

The moment you take money online you are a seller, and there is a disclosure rule almost no artist store compl…

Scenario

Someone used your work without asking

Before anything else, check that you own it. Most of these come apart on ownership rather than on the copying,…

Full arrangement of sections 74 sections · show / hide

Extracted from the AGC PDF on this page.

s.1Short title and commencement
s.2Interpretation
s.3Appointment of Controller, Deputy Controller, Assistant Controllers, etc
s.4(Deleted)
s.5Prohibition of false trade description
s.6Trade description
s.7False trade description
s.8(Deleted)
s.9(Deleted)
s.10Applying a trade description to goods
s.11(Deleted)
s.12Possession for supply
s.13Interpretation
s.14False or misleading indication as to price of goods
s.15Price deemed to include tax
s.16False representation as to supply or approval of goods or services
s.17False or misleading statements as to services, etc
s.18False or misleading statement in advertisement
s.19Presumption of liability on advertisers, etc
s.20False or misleading statement in relation to contest, games, etc
s.21Contravention of Part III to be an offence
s.22Offences due to fault of another person
s.23Defence of personal or domestic use
s.24Defence of mistake, accident, etc
s.25Innocent publication of advertisement
s.26Prohibition of importation of goods bearing false indication of origin
s.27Abetting of offences committed abroad
s.28Definition orders
s.29Informative marking and certification orders
s.30Investigation by the Assistant Controller
s.31Complaints to the Assistant Controller
s.32Power of the Assistant Controller to require provision of information
s.33Assistant Controller may retain documents
s.34Access to records
s.35Confidentiality
s.36Privileged communication
s.37Giving false or misleading information, evidence or document
s.38Destruction, concealment, mutilation and alteration of records
s.39(Deleted)
s.39APower of arrest
s.40Power to enter premises and inspect and seize goods and documents
s.41Power to enter premises with search warrant
s.42Power of entry and search and seizure without a warrant
s.43Access to recorded information or computerized data, etc
s.44Tipping-off
s.45Warrant admissible notwithstanding defects
s.46List of things seized
s.47Forfeiture of goods
s.48Release of things seized
s.49Seizure of perishable goods
s.50No cost or damages arising from seizure to be recoverable
s.51Obstruction
s.52Power to make test purchases
s.52APower to take sample
s.53Evidence of agent provocateur is admissible
s.54Presumption and examination with regards to sample
s.55Power of investigation
s.56Exemption
s.56APower to order compliance
s.57Contract unaffected by contravention
s.58Market research experiments
s.59General penalty
s.60Jurisdiction to try offences
s.61Delegation of powers
s.62Institution of prosecution
s.63Compounding of offences
s.64Principal liable for acts of servant or agent
s.65Offences by body corporate
s.66Reward for information
s.67Public Authorities Protection Act
s.68Protection of officers and other persons
s.69Power of Minister to make regulations
s.70Repeal
s.71Savings and transitional
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English text

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Teks Bahasa Malaysia

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Source of record · lom.agc.gov.my/act-detail.php?act=730&lang=BI

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Important notice

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The law changes. Each Act reproduced here is the Attorney General’s Chambers’ consolidated reprint and carries the date it was consolidated to; amendments made after that date do not appear in the text, and the authoritative version of any Malaysian law is the one published in the Federal Gazette. Subsidiary legislation, state enactments and local authority by-laws may also apply to your situation and are largely outside this library.

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