Malaysia - 10,040 Litres Fake Shell Lubricants Worth RM111,300 Seized – Another Successful Collaboration Between MDTCA And LAW Partnership.
Legal News & Analysis - Asia Pacific - Malaysia - Intellectual Property
23 September 2020
We are pleased to share that LAW Partnership’s collaboration with the Ministry of Domestic Trade and Consumer Affairs (MDTCA) materialised in the raid of a godown which led to the seizure of fake Shell lubricants of about 10,040 litres worth RM111,300. Two local men at the site were also arrested and will be remanded.
The raid followed complaints from Shell, the registered trademark owner and client of LAW Partnership.
Enforcement director Datuk Iskandar Halim Sulaiman said, “Based on checks conducted by the Ministry’s enforcement officers along with representatives from the registered trademark owner Shell, we found various lubricants such as transformer oil, compressor oil, truck and heavy-duty engine oil, grease and slideway oil for the use of heavy vehicles."
Labels and bottle caps with the Shell logo were also found and seized for further investigations. Lubricants from 200-litre barrels would normally be transferred into smaller 20-litre barrels to be retailed around the Klang Valley at RM185-RM240.
The case is being investigated under Section 101(b) Trademarks Act 2019. If convicted, offenders stand to be fined not more than RM1mil, jailed not more than five years, or both upon sentencing. The case will also be investigated under Section 5(a) of the Trade Descriptions Act 2011. If convicted, offenders can be fined not more than RM250,000 for the first offence, or not more than RM500,000 for the second or subsequent offences.
For further information, please contact:
Brian law, partner, Law Partnership