193. Exemption certain persons employed in ordinary course of business

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Where a person is charged with of making any die, stamp block, machine, or other instrument for the purpose of forging or being used for forging, a Mark, or with falsely applying to goods any Mark or any Mark so nearly resembling a mark as to be likely to mislead, or with applying to goods any false trade description or causing any of the things in this section mentioned to be done, and such person proves—

(a)

that in the ordinary course of his business he is employed, on behalf of other persons, to make dies, stamps blocks, machines, or other instruments for making, or to be used in making, Marks, or as the case may be, to apply Marks or descriptions to goods and that in the case which is the subject of the charge he was so employed by some person resident in

Sri Lanka, and was not interested in the goods by way of profit or commission dependent on the sale of such goods ; and

(b)

that he took reasonable precautions against committing the offence charged with ; and

(c)

that he had, at the time of the commission of the alleged offence, no reason to suspect the geniunness of the Mark or trade description ; and

(d)

that he gave to the prosecutor all the information in his power with respect to the person on whose behalf the Mark or description was applied, he shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor unless he gives due notice to the prosecutor regarding his intention to rely on defence specified in this section.

Read on from s 194