152.
| (1) Any person who-
| | | (b) falsely applies to goods any mark or marks so nearly resembling a registered mark as to be likely to mislead; or | | |
| | (c) makes any die, block, machine, or other instrument for the purpose of forging, or being used for forging, a mark; or | | |
| | (d) applies any false trade description to goods; or | | |
| | (e) disposes of, or has in his possession, any die, block, machine, or other instrument for the purpose of forging a mark ; or | | |
| | (f) cause to be done any of the things referred to above in this subsection, | | |
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| (2) Any person who sells or exposes for, 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 as to be likely to mislead, is falsely applied, as the case may be, shall, unless he proves-
| | (a) 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 | | |
| | (b) 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 | | |
| | (c) that otherwise he had acted innocently, be guilty of an offence. | | |
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| (3) Any person who imports any piece-goods ordinarily sold by length or by the piece, manufactured beyond the limits of 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 as aforesaid, whether manufactured within or beyond the limits of Sri Lanka, which have not 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: |
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| (4) Any person found guilty of an offence under this section after trial before a Magistrate shall be liable on conviction to a fine not exceeding twenty thousand rupees 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 the above fine or term of imprisonment or both may be doubled. |
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| (5) 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. |
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Sri Lanka Consolidated Acts