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Japanese automotive giant Niterra Co., Ltd. recently pursued criminal action against multiple entities involved in selling and possessing counterfeit NGK-branded spark plugs in Sri Lanka.
As a result, the Colombo Crime Division (CCD) conducted criminal raid operations against five wholesale spark plug dealers in Colombo 10 and Horana, following complaints filed by Niterra Co., Ltd. through their local legal representatives, Sudath Perera Associates.
Based on applications submitted by the Colombo Crime Division (CCD), Magistrate Lochana Abeywickrama of the Maligakanda Magistrate’s Court issued search warrants against four infringing entities in Colombo 10, Asian Auto Marketing, Asia Motors, Fahim Auto Ltd., and Charleston Agencies. Additionally, Magistrate Chandana Kalansooriya of the Horana Magistrate’s Court granted a search warrant against Sajana Motors, an infringing entity based in Horana. These warrants authorised raids and the seizure of counterfeit NGK products displaying registered logos and trademarks.
Subsequently, the raids executed at the said infringing entities were carried out simultaneously, and the CCD was able to seize and take into custody a large volume of counterfeit NGK branded spark plugs which were in the possession of the aforementioned accused entities, which were manufactured and/or sourced through illegal channels and suspected to be utilised to package and sell counterfeit products under the disguise of genuine NGK spark plugs. The sale of and dealing in counterfeit products is a strict violation and a criminal offense under the Intellectual Property Act No. 36 of 2006. Counterfeit products pose a major threat not only to the legitimate brand owners but also to the unsuspecting consumers as well. While this unlawful and/or illegal conduct causes substantial damage, reputation, and economic loss to the brand owners, it also poses severe safety issues to the unsuspecting consumers. As these counterfeit products are related to vehicle engines, there is a grave concern of consumer safety and road safety when unsuspecting consumers use these counterfeit products, as there is no assurance that these products are manufactured adhering to the quality and safety standards pertaining to the safe functioning of motor vehicles, especially considering the growing number of motor vehicle accidents recorded in Sri Lanka presently. Furthermore, such counterfeit products also present negative results to all other stakeholders from lost taxes to the government, royalties and other revenues, loss of goodwill and reputation and reduced incentive to innovate and invest, hence it is therefore fundamental that steps are taken to enforce the laws to protect intellectual property rights to safeguard brand owners as well as the consumers.
Douglas and Sons Ltd., is the sole agent for NGK Spark Plugs in Sri Lanka appointed by Niterra Co. Ltd. Japan.
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