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By S.S. Selvanayagam
A team of police officers attached to the Teldeniya Special Crimes Investigation Bureau (SCIB) armed with Court warrant launched a lightning raid on a clandestine factory which allegedly engaged in manufacturing counterfeit Ujala fabric whitening products.
The search warrants were executed by a team of officers of the Teldeniya SCIB (Special Crimes Investigation Bureau) through the co-ordination of SSP Kandy Edmond Mahendra, ASP Kamal Ranaweera of the Teldeniya/ Digana jurisdiction and S.I. Wijeykoon OIC SCIB Kandy.
Jyothi Laboratories Ltd. of Ujala house, India filed action through their legal counsel in Sri Lanka, Sudath Perera Associates against the said clandestine factory allegedly producing counterfeit Ujala fabric whitening products.
The actions were filed after intensive surveillance conducted by Jyothi Laboratories Ltd., India. The company complained that the counterfeiters were violating its Intellectual Property rights by using an identical trade dress and bottle design and violating its copyright, and thereby causing severe loss and damage to its goodwill and reputation as well as misleading the consumers by the sale of counterfeit Ujala products which are substandard and inferior to the original product.
Upon conducting the raid action, the Police SCIB team found a staggering amount of Ujala counterfeit products and machinery used for the massive counterfeit production.
It was revealed that the entire operation with a countrywide distribution network was conducted in a discreet manner in order to avoid detection. The police team sealed the factory and took the products into their custody.
The Manager to the factory was arrested and bailed out as he had no knowledge of the owner or the nature of the business which was revealed during the raid.
It was observed that even though several lawyers appeared naming different owners on each court date, no proper supporting documents were produced. It is told that the legitimate owner of the said factory is absconding court and so far no ownership has been claimed.
Earlier the complainant in its action informed court regarding the dubious nature of the business. The factory compound which manufactured the counterfeit items had no windows or doors and the entire premises were sealed with the employees working in dire conditions.
The representative for Ujala further confirmed that the contents of the counterfeit Ujala products were far inferior to the original product. It was further revealed that the Ujala bottle had no address specifying the manufacturer’s address further underlying the suspicious nature of this operation.
The sale of counterfeit goods is an infringement under the Intellectual Property Act No. 36 of 2003. If a person and/or persons are convicted Under the Act, a fine up to Rs. 500,000 and/or six months imprisonment may be imposed. The matter is currently pending before court.