Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 298

Official PDF on legislation.mt

298. (1) Whosoever - (a) forges or alters, without the consent of the owner, the name, mark or any other distinctive device of any intellectual work or any industrial product, or knowingly makes use of any such name, mark or device forged or altered, without the consent of the owner, even though by others; (b) forges or alters, without the consent of the owner, any design or model of manufacture, or knowingly makes use of any such design or model forged or altered, without the consent of the owner, even though by others; 160 CAP . 9.] CRIMINAL CODE (c) knowingly makes use of any mark, device, signboard or emblem bearing an indi cation calculated to deceive a purchaser as to the nature of the goods, or sells any goods with any such mark, device or emblem; (d) puts on the market any goods in respect of which a distinctive trade mark has been registered, after removing the trade mark without the consent of the owner thereof; (e) applies a false trade description to any goods, that is to say, applies to goods any forged or altered figure, word or mark which according to the custom of the trade is taken to indicate - (i) the number, quantity, measure, gauge or weight of the goods, (ii) the place or country in which the goods are made or produced, (iii) the mode of manufacturing or producing the goods, (iv) that the goods are the subject of an existing patent, privilege or industrial copyright; (f) knowingly puts into circulation, sells or keeps for sale or imports for any purpose of trade, any goods bearing a fraudulent imitation of a ny mark, device or emblem; (g) knowingly makes, keeps or transfers to any person, any die, block, machine or other instrument for the purpose of forging, or of being used for forging, a trade mark, shall, on conviction, be liable t o imprisonment f or a term from four months to one year. (2) For the purposes of sub-article (1)( e), any figure, word or mark which, according to the cus tom of the trade, is commonly taken to indicate any of the matters therein referred to, shall be deemed to be a trade d escription thereof. Fraudulent access to tele- communications systems. Added by: XII.1991.41. Amended by: L.N. 407 of 2007.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.