Intellectual Property Act 2003 · As enacted · Part XI
186. Other offences as to marks and trade descriptions
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Any person who—
forges any Mark ; or
falsely applies to goods any Mark or Marks so nearly resembling a registered Mark as to be likely to mislead ; or
makes any die, seal block, machine, or other instrument for the purpose of forging, or to be used for forging, a Mark ; or
applies any false trade description to goods ; or
disposes of, or has in his possession, any die, seal block, machine, or other instrument for the purpose of forging a Mark ; or
causes any of the things referred to in this subsection to be done, shall, subject to the provisions of this Part, and unless he proves that he acted without intent to defraud, be guilty of an offence.
Any person who sells or exposes for sale, or has in his possession for sale, or any purpose of trade or manufacture, any goods or things to which any forged Mark or false trade description is applied, or to which any Mark so nearly resembling a registered Mark so as to be likely to mislead, is falsely applied, as the case may be, shall, unless he proves—
that having taken all reasonable precautions against committing an offence he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the Mark, or trade description ; and
that on demand made by or on behalf of the prosecutor he gave all the information in his power with respect to the persons from whom he obtained such goods or things ; or
that otherwise he had acted innocently, be guilty of an offence.
Any person who imports any piece-goods ordinarily sold by length or by the piece, manufactured outside
Sri Lanka, or who sells or exposes for, or has in his possession for sale or any purpose of trade, any piece-goods ordinarily sold by length or by piece, whether manufactured within or outside the territory of Sri Lanka, which do not have conspicuously stamped in English numerals on each piece, the length thereof in standard metres, or in standard metres and a fraction of such a metre, according to the real length of the piece, shall be guilty of an offence :
Provided that nothing contained in this subsection shall apply to any piece-goods manufactured within the limits of
Sri Lanka by hand labour only.
Any person found guilty of an offence under this section shall on conviction after trial before a Magistrate be liable to a fine not exceeding rupees five hundred thousand or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment, and in the case of a second or subsequent conviction such fine or term of imprisonment or both such fine and imprisonment may be doubled.
The Magistrate may, whether the alleged offender is convicted or not, order that every chattel, article, instrument or thing by means of or in relation to which the offence has or might have been committed shall be destroyed or declared forfeit to the State or otherwise dealt with as he may think fit.