Section 99

If a person falsely represents that anything disposed of by the person for value is a patented product, the person shall, subject to this section, be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

For the purposes of subsection (1), 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, is taken to represent that the article is a patented product.

Subsection (1) does 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respect of a product after the patent for that product or, as the case may be, the process in question has expired or been revoked and before the end of a period which is reasonably sufficient to enable the accused to take steps to ensure that the representation is not made or does not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.

In proceedings for an offence under this section, it is a defence for the accused to prove that the accused used due diligence to prevent the commission of the offence.