Offences

(1) Any person who intentionally or wilfully performs any act which constitutes an infringement as defined under section 40 of this Act commits and offence and is liable to a fine of not less than fifteen thousand dollars but not more than forty thousand dollars, or to imprisonment for a term of not less than five years but not more than twelve years, or to both such fine and such imprisonment. (2) Any person who, knowing the same to be false– (a) makes or causes to be made a false entry in the (b) makes or causes to be made any document falsely purporting to be a copy of an entry in the Register; or (c) produces, tenders or causes to be produced or tendered as evidence any such entry or copy thereof, commits an offence and is liable to a fine of not less than ten thousand dollars, but not more than thirty thousand dollars, or to imprisonment for not less than three years, but not more than ten years, or to both such fine and such imprisonment. (3) Any person who, knowing the same to be false, makes a false statement or representation that– (a) a patent or utility model certificate has been granted to him or to any other person in respect of any invention; or 52 (b) he has been granted an exclusive or non- voluntary licence to use any patent or utility which statement or representation induces another person to act thereon, commits an offence and is liable to a fine of not less than five thousand dollars, but not more than twenty thousand dollars, or to imprisonment for a term of not less than two years, but not more than five years, or to both such fine and such imprisonment. (4) Any person who falsely represents that anything disposed of by him for value is a patented product or process, subject to sub-sections (5) to (7), commits an offence and be liable to a fine of not less than four thousand dollars, but not more than ten thousand dollars. (5) For the purposes of sub-section (4), a person who for value disposes of an article having stamped, engraved or impressed on it or otherwise applied to it the word “patent” or “patented” or anything expressing or implying that the article is a patented product, shall be taken to represent that the article is a patented product. (6) Sub-section (4) shall not apply where the representation is made in respect of a product after the patent for that product or, as the case may be, the process in question has expired or been invalidated and before the end of a period which is reasonably sufficient to enable the accused to take steps to ensure that the representation is not made (or does not continue to be made). (7) In proceedings for an offence under this section, it shall be a defence for the accused to prove that he used due diligence to prevent the commission of the offence. (8) Any person who represents that a patent has been applied for in respect of any article disposed of for value by him, and53 (a) no such application has been made; or (b) any such application has been refused or withdrawn, commits an offence and is liable to a fine of not less than four thousand dollars, but no more than ten thousand dollars. (9) Sub-section (8)(b) shall not where the representation is made in respect of a product after the patent for that product or, as the case may be, the process in question has expired or been invalidated, and before the end of a period which is reasonably sufficient to enable the accused to take steps to ensure that the representation is not made (or does not continue to be made). (10) For the purposes of sub-section (8), a person who for value disposes of an article having stamped, engraved or impressed upon it or otherwise applied to it the words “patent applied for” or “patent pending” or anything expressing or implying that a patent has been applied for in respect of the article, shall be taken to represent that a patent has been applied for in respect of the article. (11) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, commits an offence and is liable to be proceeded against and punished accordingly. (12) Where the affairs of a body corporate are managed by its members, sub-section (11) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. 54