28 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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