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manufactured shall be liable to imprisonment of between six months and three years and a
fine of between MGF 500,000 and 10,000,000 or one of those two penalties only.
(3) Anyone who knowingly sells, shows for sale or places on the market in any manner
whatsoever articles bearing names that are overwritten or altered shall be liable to the same
penalties as laid down in paragraph (2), above.
130. The provisions of this text shall be applicable to any enterprise or any commercial,
industrial, handicraft or agricultural establishment, subject to the special provisions applicable
to socialist enterprises.
Section 2
Repression of Unfair Competition
131.—(1) Any act of competition contrary to honest practices in industrial,
commercial, handicraft or agricultural matters shall be unlawful.
(2) In compliance with that definition, the following, in particular, shall be unlawful:
(a) the direct or indirect use of a false or deceptive statement concerning the source of
goods or services or the identity of their producer, manufacturer or supplier;
(b) any act whatsoever liable to cause confusion or to deceive by any means
whatsoever in relation to the trade name, whether registered or not, of the establishment, the
goods, services or industrial or commercial activity of a competitor;
(c) false allegations, in the course of trade, of a nature such as to discredit the
establishment, goods, services or industrial or commercial activity of a competitor;
(d) statements or allegations the use of which in the course of trade is likely to mislead
the public as to the nature, the manufacturing process, the characteristics, the suitability for
their purpose or the quality of goods or services.
Title V
Miscellaneous and Transitional Provisions
132.—(1) Applicants having their domicile or headquarters abroad shall be required to
appoint an agent or representative domiciled on the national territory to represent them before
the Agency.
(2) No one may exercise the function of industrial property agent or representative
unless he has been approved by the Agency for that purpose; the approval procedure shall be
defined in the implementing decree.
(3) Where necessary and until such time as natural or legal persons have been
authorized to exercise the profession of industrial property agent or representative, those
enterprises governed by Law No. 78-052 of December 5, 1978, revising the Charter of
Socialist Enterprises, may be authorized by regulation or administrative action on the part of
the competent authority to serve as intermediaries between the applicants and the Agency.
133.—(1) Patents issued and marks and designs registered up to and including
December 31, 1976, with effect on the territory of the Democratic Republic of Madagascar
shall continue to be protected on that territory, up to the date of entry into force of this
Ordinance, by the legislation under which they have been issued or registered, including the
provisions that have amended that legislation.
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