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31st December, 2020
KOTA KINABALU: A company was poorer by a total of RM7,600 in default 30 days of imprisonment for having products with falsely applied trademark.
Sessions Court judge Noor Hafizah Mohd Salim passed the sentence on Yapi Enterprise Sdn Bhd after the company’s representative pleaded guilty to the charge when the case was up for mention.
The company was convicted of having 3,590 unit of razors with falsely applied trademark of Gillette Nacet II and Anti-Dandruff Shampoo falsely applied with ‘Head & Shoulder’ brand at Limbanak Warehouse, Mile 5, Jalan Bundusan, Penampang on September 19, 2020 at about 11am.
The offence comes under Section 102(1) (C ) of the Trademark Act 2019 punishable under Section 102 (1)©(ii) of the same Act which provides for a maximum fine of RM10,000 for each item with falsely applied trademark or imprisonment of up to three years or both, while the second or subsequent offence carries a fine of not exceeding
RM20,000 or imprisonment of five years for each goods bearing the false trade description.
The court fined the company RM2 for each of the razors and RM5 for each of the shampoo.
During mitigation, the company’s representative asked for leniency saying that he is just a trader when he received the products from the supplier being unaware or doubting whether the products are fake because he bought it with same market prices.
“We were unable to check all the products since there was no obvious reason to doubt whether the products are fake or not,
“We do not support fake products, we only sell the original product, even during investigation we also gave full cooperation,” said the representative.
He asked the court to consider the current situation of Movement Control Order which caused the company to lose some of its income and, on top of that, still have to pay its employees too. – NEDM
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