43.
(1) Except with the written approval of the Minister and subject to the provisions of subsections (3) and (4), no person shall carry on any activity, business, trade or occupation under any name which contains the words "Institution of Standards", "Standards Institution" or such other words the use of which would imply that such person was the Sri Lanka Standards Institution or is associated or connected with the Institution. |
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(2) Except with the written approval of the Minister and subject to the provisions of subsections (3) and (4)
| | (a) no trade mark which contains the word "Standards" shall be registered under the Code of Intellectual Property Act, No. 52 of 1979; | | |
| | (b) no person shall, unless authorized in that behalf by a permit, sell any commodity or product under a mark which contains the word 'Standard' or under a description in which the said word is used in a manner which may create the impression that the commodity or product complies with a standard specification approved therefor by the Institution. | | |
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(3) Any person who, at the commencement of this Act carries on any activity, business, trade or occupation or is registered under any such name as is referred to in subsection (1) may, notwithstanding the provisions of subsection (1), continue to carry on such activity, business, trade or occupation, or to be registered, as the case may be, under such name. |
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(4) The provisions of subsection (2) shall not affect any trade mark registered at the commencement of this Act, or the sale of any commodity or product under any such trade mark. |
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(5) The Minister may at any time withdraw any approval given by him under subsection (1) or subsection (2) if, in his opinion, it is necessary to do so in order to avoid confusion or abuse. |
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