EMBLEM AND NAME OF UNESCO (RESTRICTION OF USE) ACT

E M B L E M A N D NA ME O F U N E S C O (RESTRIC TIO N O F U SE) [ CAP. 198.

CHAPTER 198

EMBLEM AND NAME OF UNESCO

(RESTRICTION OF USE) ACT

To restrict the use of the emblem and of the name of the United Nations

Educational, Scientific and Cultural Organization.

(28th April, 1967) *

ACT XIII of 1967 as amended by Acts LVII1 of 1974 and XIII of 1983;

and Legal Notice 410 of 2007.

The short title of this Act is the Emblem and Name of

Unesco (Restriction of Use) Act.

In this Act -

"abbreviated name of the Organization" means an abbreviation of

the name of the Organization through the use of the initials

UNESCO, whether in capital or small letters or in both, whether in

Latin or other characters;

"emblem" means the emblem set out in the Schedule hereto;

"Organization" means the United Nations Educational, Scientific

and Cultural Organization.

It shall not be lawful for any person, without the previous

authorization in writing of the Director-General of the

Organization-

(a) in any manner and for any purpose whatsoever to use

the emblem of the Organization or any imitation

thereof which may be normally mistaken for the

emblem; or

(b) to use, in any language, the name of the Organization

in such a manner as to represent the publication or

anything else in relation to which such name is used as

having been made, produced or sponsored by the

Organization; or

(c) to use the abbreviated name of the Organization as a

trade mark or a part thereof, whether such trade mark

is registered or not, or as a commercial label or for any

similar commercial purpose.

(1) Whosoever contravenes the provisions of the last

preceding section shall be guilty of an offence and shall be liable

on conviction to a fine (multa) of not less than forty-six euro and

fifty-nine cents (46.59) and not more than two hundred and thirty-

two euro and ninety-four cents (232.94).

(2) On any such conviction, the court shall order the forfeiture

to the Government of any infringing articles found in possession of

*See Government Notice No. 284 of the 28th of April, 1967.

CAP. 198.] E M B L E M A ND NA ME O F U N ESC O (RESTRIC TIO N O F U SE)

the convicted person.

(3) In any criminal proceedings under this section, the burden

of the proof that the emblem, the name or the abbreviated name of

the Organization was used with the previous authorization in

writing of the Director-General of the Organization, shall lie on the

accused person.

Where any offence under this Act has been committed by

an association of persons, every person who at the time of the

commission of the offence was a director, general manager,

secretary or other similar officer of that association or was

purporting to act in any such capacity, shall be guilty of that

offence unless he proves that the offence was committed without

his knowledge and that he exercised all such diligence to prevent

the commission of the offence as he ought to have exercised having

regard to the nature of his functions in that capacity and to all the

circumstances.

No proceedings for an offence under this Act shall be

instituted except with the consent of the Attorney General.

SCHEDULE [Section 2]