Staff View: A legal analysis on the effectiveness of enforcement of trade Description Act 2011 in relation to open trade of counterfeit products / Nik Munirah Nik Fuad, Noraisyah Sakinah Mohamed Ismail and Norhazirah Mustaffa Kamal

A legal analysis on the effectiveness of enforcement of trade Description Act 2011 in relation to open trade of counterfeit products / Nik Munirah Nik Fuad, Noraisyah Sakinah Mohamed Ismail and Norhazirah Mustaffa Kamal

Trade of counterfeit products in Malaysia is practiced openly. This is proven by existence of Petaling Street, Batu Feringgi Night market, Uptowns and night markets all over this country. In those places, counterfeit products are openly exhibited for sale. This research aimed to analyze the effectiv...

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Main Authors:	Nik Fuad, Nik Munirah, Mohamed Ismail, Noraisyah Sakinah, Mustaffa Kamal, Norhazirah
Format:	Student Project
Language:	English
Published:	2012
Subjects:	Commercial Law The merchant. Business enterprises
Online Access:	http://ir.uitm.edu.my/id/eprint/35797/1/35797.pdf http://ir.uitm.edu.my/id/eprint/35797/
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id	my.uitm.ir.35797
record_format	eprints
spelling	my.uitm.ir.357972020-11-06T02:51:09Z http://ir.uitm.edu.my/id/eprint/35797/ A legal analysis on the effectiveness of enforcement of trade Description Act 2011 in relation to open trade of counterfeit products / Nik Munirah Nik Fuad, Noraisyah Sakinah Mohamed Ismail and Norhazirah Mustaffa Kamal Nik Fuad, Nik Munirah Mohamed Ismail, Noraisyah Sakinah Mustaffa Kamal, Norhazirah Commercial Law The merchant. Business enterprises Trade of counterfeit products in Malaysia is practiced openly. This is proven by existence of Petaling Street, Batu Feringgi Night market, Uptowns and night markets all over this country. In those places, counterfeit products are openly exhibited for sale. This research aimed to analyze the effectiveness of enforcement of Trade Description Act 2011 in relation to open trade of counterfeit products in Malaysia by identifying the problems relating to the enforcement of law and recommend relevant suggestions to improve the current methods of enforcement. Firstly, this paper discussed the meaning of trademark and its application of law in Malaysia. Then, we discussed the provisions of law of criminal prosecution under Trade Description Act 2011. To frame the issues of enforcement, this paper discussed 1) The role of Ministry of Domestic Trade, Co-Operatives and Consumerism (MDTCC) and 2) The Border Measures enforcement under Trade Marks (Amendment) Act 2000 Part XIVA (Section 70C to70P) which the power to enforce was conferred to Royal Malaysian Customs. Interviews with officers from Royal Malaysian Customs and Ministry of Domestic Trade, Co-operatives and Consumerism have become main sources as to identify the problems with enforcement to combat trade of counterfeit products. Interview with a seller or counterfeiter is conducted to give better understanding of how counterfeiting business is being operated in this country. The identifications and analysis of problems faced by enforcement bodies will help the efforts to improve current enforcement of Trade Description Act 2011. 2012 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/35797/1/35797.pdf Nik Fuad, Nik Munirah and Mohamed Ismail, Noraisyah Sakinah and Mustaffa Kamal, Norhazirah (2012) A legal analysis on the effectiveness of enforcement of trade Description Act 2011 in relation to open trade of counterfeit products / Nik Munirah Nik Fuad, Noraisyah Sakinah Mohamed Ismail and Norhazirah Mustaffa Kamal. [Student Project] (Unpublished)
institution	Universiti Teknologi Mara
building	Tun Abdul Razak Library
collection	Institutional Repository
continent	Asia
country	Malaysia
content_provider	Universiti Teknologi Mara
content_source	UiTM Institutional Repository
url_provider	http://ir.uitm.edu.my/
language	English
topic	Commercial Law The merchant. Business enterprises
spellingShingle	Commercial Law The merchant. Business enterprises Nik Fuad, Nik Munirah Mohamed Ismail, Noraisyah Sakinah Mustaffa Kamal, Norhazirah A legal analysis on the effectiveness of enforcement of trade Description Act 2011 in relation to open trade of counterfeit products / Nik Munirah Nik Fuad, Noraisyah Sakinah Mohamed Ismail and Norhazirah Mustaffa Kamal
description	Trade of counterfeit products in Malaysia is practiced openly. This is proven by existence of Petaling Street, Batu Feringgi Night market, Uptowns and night markets all over this country. In those places, counterfeit products are openly exhibited for sale. This research aimed to analyze the effectiveness of enforcement of Trade Description Act 2011 in relation to open trade of counterfeit products in Malaysia by identifying the problems relating to the enforcement of law and recommend relevant suggestions to improve the current methods of enforcement. Firstly, this paper discussed the meaning of trademark and its application of law in Malaysia. Then, we discussed the provisions of law of criminal prosecution under Trade Description Act 2011. To frame the issues of enforcement, this paper discussed 1) The role of Ministry of Domestic Trade, Co-Operatives and Consumerism (MDTCC) and 2) The Border Measures enforcement under Trade Marks (Amendment) Act 2000 Part XIVA (Section 70C to70P) which the power to enforce was conferred to Royal Malaysian Customs. Interviews with officers from Royal Malaysian Customs and Ministry of Domestic Trade, Co-operatives and Consumerism have become main sources as to identify the problems with enforcement to combat trade of counterfeit products. Interview with a seller or counterfeiter is conducted to give better understanding of how counterfeiting business is being operated in this country. The identifications and analysis of problems faced by enforcement bodies will help the efforts to improve current enforcement of Trade Description Act 2011.
format	Student Project
author	Nik Fuad, Nik Munirah Mohamed Ismail, Noraisyah Sakinah Mustaffa Kamal, Norhazirah
author_facet	Nik Fuad, Nik Munirah Mohamed Ismail, Noraisyah Sakinah Mustaffa Kamal, Norhazirah
author_sort	Nik Fuad, Nik Munirah
title	A legal analysis on the effectiveness of enforcement of trade Description Act 2011 in relation to open trade of counterfeit products / Nik Munirah Nik Fuad, Noraisyah Sakinah Mohamed Ismail and Norhazirah Mustaffa Kamal
title_short	A legal analysis on the effectiveness of enforcement of trade Description Act 2011 in relation to open trade of counterfeit products / Nik Munirah Nik Fuad, Noraisyah Sakinah Mohamed Ismail and Norhazirah Mustaffa Kamal
title_full	A legal analysis on the effectiveness of enforcement of trade Description Act 2011 in relation to open trade of counterfeit products / Nik Munirah Nik Fuad, Noraisyah Sakinah Mohamed Ismail and Norhazirah Mustaffa Kamal
title_fullStr	A legal analysis on the effectiveness of enforcement of trade Description Act 2011 in relation to open trade of counterfeit products / Nik Munirah Nik Fuad, Noraisyah Sakinah Mohamed Ismail and Norhazirah Mustaffa Kamal
title_full_unstemmed	A legal analysis on the effectiveness of enforcement of trade Description Act 2011 in relation to open trade of counterfeit products / Nik Munirah Nik Fuad, Noraisyah Sakinah Mohamed Ismail and Norhazirah Mustaffa Kamal
title_sort	legal analysis on the effectiveness of enforcement of trade description act 2011 in relation to open trade of counterfeit products / nik munirah nik fuad, noraisyah sakinah mohamed ismail and norhazirah mustaffa kamal
publishDate	2012
url	http://ir.uitm.edu.my/id/eprint/35797/1/35797.pdf http://ir.uitm.edu.my/id/eprint/35797/
_version_	1685651329752498176
score	13.211869

A legal analysis on the effectiveness of enforcement of trade Description Act 2011 in relation to open trade of counterfeit products / Nik Munirah Nik Fuad, Noraisyah Sakinah Mohamed Ismail and Norhazirah Mustaffa Kamal

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