Sri Lanka Consolidated Acts

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Code Of Intellectual Property Act (No. 52 of 1979) - Sect 190

Marks : Repeal of Chapters 150 and 151 and savings

190.
(1) The Trade Marks Ordinance (Chapter 150) and the Merchandise Marks Ordinance (Chapter 151) are hereby repealed.
(2) Notwithstanding the repeal of the aforesaid Ordinances -
(a) every rule or regulation made thereunder as is in force on the appointed date in so far as such rule or regulation is not inconsistent with the provisions of Part V of this Code shall be deemed to be a regulation made under this Code and may be amended or rescinded by regulations made under this Code ;
(b) any trade mark registered in Part B of the Register of Trade Marks by virtue of the provisions of Part III of the repealed Trade Marks Ordinance shall be deemed to be valid and effectual and shall continue to be so registered until such time not exceeding a period of five years from the appointed date, as the owner of such trade mark shall satisfy the Registrar that he is entitled to registration of such trade mark under the provisions of this Code;
(c) the validity of the original entry of a trade mark on the Register of Trade Marks existing under the repealed Trade Marks Ordinance immediately before the appointed date or on any register of trade marks which was kept under any previous Ordinance and was incorporated with and declared to form part of the first-mentioned register, shall be determined in accordance with the law in once at the date of such entry, and every such trade mark shall retain its original date, but for all purposes it shall be deemed to have been registered under Part V of this Code;
(d) no trade mark which was on the register at the commencement of the repealed Trade Marks Ordinance and which under that Ordinance was then a registerable trade mark shall be removed from the register on the ground that it was not registerable under the law in force at the date of its registration ;
(e) no trade mark which was on the register immediately before the appointed date and which under Part V is a registrable mark shall be removed from the register on the ground that it was not registrable under the law in force at the date of its registration ;
(f) nothing in Part V shall -
(i) invalidate the original registration of a trade mark which was validly on the register immediately before the appointed date ; or
(ii) subject any person to any liability in respect to any act or thing done before the appointed date to which he would not have been subject under the law in force at the time such act or thing was done.


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