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Woman gets fine for having items with false applied trademark
Published on: Thursday, January 14, 2021
By: Cynthia D Baga
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Credit: Pixabay.com.
Kota Kinabalu: A 63-year-old woman was fined RM5,000 or three months’ jail for having for sale 159 units of yellow razors with false applied trademark.

Sessions Court Judge Elsie Primus meted out the sentence to Wong Ngiik Ming, who pleaded guilty to the charge against her.

Wong was found having the razors with falsely applied trademark of Gillette Nacet II at the Asas Sinar Enterprise, Taman Indah Permai on Sept 18, 2020.

The offence under Section 102(1)(C) of the Trademark Act 2019 and punishable under Section 102 (1)(C)(ii) of the same Act which provides for a fine of up to RM10,000 for each item which falsely applied trademark, or jail of up to three years, or both, while the second or subsequent offence carries a fine of up to RM20,000, or jail of up to five years for each goods bearing the false trade description.

During mitigation, Wong who was represented by counsel Chen Wen Jye from the National Legal Aid Foundation, asked for leniency saying that she is a Sarawakian and had been in the State for 20 years.

Chen informed the court that Wong’s husband had passed away in 2006 and that she is currently living with her son.

According to Chen, Wong had operated the shop since 1999 and earned roughly about RM2,500 per month.

Chen further informed the court that Wong has no idea that the razors were fake and that she also is still keeping the receipt of the purchase order, and Wong only knew it when the enforcement from the  Domestic Trade, Consumerism and Cooperative Ministry (KPDNKK) came to her shop and conducted a check.

However, the prosecution urged the court to hand down an appropriate sentence on Wong on the grounds that she was selling fake trademark on the items and that her act will affect the company of the product’s original brand.

The court ordered the exhibits to be disposed by the prosecution. 



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