852 No. 40 of 2016]
Holding out
as patent
agent
Offences by
body
corporate or
unicorporated
body
General
offences
Patents
121. A person who describes or holds out, or permits another
to describe or hold out as a patent agent when not duly registered,
in accordance with this Act, commits an offence and is liable, upon
conviction, to a fine not exceeding two hundred thousand penalty
units or imprisonment for a term not exceeding two years or to
both.
122. Where an offence in accordance with this Act is
committed by a body corporate or unincorporated body, every
director or manager of the body corporate or unincorporated body
is liable, upon conviction, as if the director or manager had personally
committed the offence, unless the director or manager proves to
the satisfaction of the court that the act constituting the offence
was done without the knowledge, consent or connivance of the
director or manager or that the director or manager took reasonable
steps to prevent the commission of the offence.
123. A person who—
(a) provides false information in an application for the grant
of a patent or utility model certificate;
(b) makes or causes to be made a false entry in the Register,
or any document purporting it to be a copy of an entry
in the Register or produces or tenders or causes to be
produced or tendered in evidence any such document,
knowing the entry or document to be false;
(c) alters or defaces or partly removes, erases or obliterates
any document issued by the Registrar;
(d) makes or submits a false statement or representation,
whether orally or in writing, to the Registrar or Agency
knowing the same to be false;
(e) knowingly uses, in any way, words, whether orally or in
writing, or acts in a manner which lead other persons to
believe that the person is an employee or agent of the
Agency;
(f) having innocently made a false statement or representation,
whether orally or in writing, for the purpose of procuring
or influencing the doing or omission of anything in relation
to this Act and who on becoming aware that such
statement or representation was false, fails to advise
the Registrar of such falsity;
(g) after having been sworn, willfully gives false evidence
before the Registrar knowing such evidence to be false
or not knowing or believing it to be true;