Jan Vishwas (Amendment of Provisions) Act, 2023: Decriminalization of IP Laws
- India Monthly News Roundup – June & July, 2024 (Read Here)
- News Updates
The Jan Vishwas (Amendment of Provisions) Act, 2023, effectual from on August 1, 2024, marks a significant shift in India’s approach to IPR enforcement. This legislative change decriminalizes various offenses under key IPR laws, including the Patents Act, Trade Marks Act, and Geographical Indications of Goods Act. A brief overview and explanation of the key sections amended in various IPR laws:
The Patents Act, 1970:
- Section 120: Increased penalties for unauthorized patent claims. The fine is now up to 10 lakh rupees with an additional 1000 rupees per day for continuing violations.
- Section 121: The section is omitted. Thus, decriminalized the misuse of the term ‘Patent Office’ by removing imprisonment.
- Section 122: Revised penalties for false entries in the register, removing imprisonment and introducing sales-based fines. (5% of the total sale or turnover or gross receipts, or 5 crore rupees, whichever is less)
- Section 123: Increased penalties for unauthorized disclosure of information and introduced penalties of continuous offence. (further penalty of Rs.1000 for every day after the first instance during which such default continues).
- New Sections 124A and 124B: Introduce adjudication processes and appeal mechanisms.
The Trade Marks Act, 1999:
- Section 107: Replaced imprisonment with financial penalties for falsely representing trademarks as registered.
- Sections 106, 108, and 109: Omitted, removing criminal penalties for various trademark-related offenses.
Geographical Indications (Registration & Protection) of Goods Act, 1999:
- Section 42: Replaced imprisonment with financial penalties for falsely applying geographical indications.
- Sections 43 & 44: Omitted, removing criminal penalties for various GI-related offenses.
“The Jan Vishwas Act, 2023, introduces a balanced approach that is poised to enhance governance through trust and facilitate ease of doing business for startups and emerging entrepreneurs, constructing an atmosphere that is more favourable for development and innovation. By omitting and decriminalizing certain provisions under intellectual property legislation, the Act aims to streamline the adjudication of IP offenses and simultaneously improve compliance. However, it is essential to ensure that the government’s principle of “minimum government, maximum governance” is applied judiciously to preserve a critical equilibrium between promoting creativity and enforcing self-regulation.” – Nilanshu Shekhar, Founding Partner
For detailed information refer to the notification here- Read More
Notable IPR Developments 2023 – India
Jan Vishwas (Amendment of Provisions) Act, 2023: Decriminalization of IP Laws
The Big Mac Trademark Tussle Between Supermac and McDonald’s
Other Barks & Bites for Friday, May 24: ChatGPT Pulls AI Voice That Sounded Like Scarlett Johansson; Report Finds Copyright Industry Resilient After COVID-19 Economic Dip; Google Fails to Revive Patent in Front of CAFC
Jan Vishwas (Amendment of Provisions) Act, 2023: Decriminalization of IP Laws
- India Monthly News Roundup – June & July, 2024 (Read Here)
- News Updates
The Jan Vishwas (Amendment of Provisions) Act, 2023, effectual from on August 1, 2024, marks a significant shift in India’s approach to IPR enforcement. This legislative change decriminalizes various offenses under key IPR laws, including the Patents Act, Trade Marks Act, and Geographical Indications of Goods Act. A brief overview and explanation of the key sections amended in various IPR laws:
The Patents Act, 1970:
- Section 120: Increased penalties for unauthorized patent claims. The fine is now up to 10 lakh rupees with an additional 1000 rupees per day for continuing violations.
- Section 121: The section is omitted. Thus, decriminalized the misuse of the term ‘Patent Office’ by removing imprisonment.
- Section 122: Revised penalties for false entries in the register, removing imprisonment and introducing sales-based fines. (5% of the total sale or turnover or gross receipts, or 5 crore rupees, whichever is less)
- Section 123: Increased penalties for unauthorized disclosure of information and introduced penalties of continuous offence. (further penalty of Rs.1000 for every day after the first instance during which such default continues).
- New Sections 124A and 124B: Introduce adjudication processes and appeal mechanisms.
The Trade Marks Act, 1999:
- Section 107: Replaced imprisonment with financial penalties for falsely representing trademarks as registered.
- Sections 106, 108, and 109: Omitted, removing criminal penalties for various trademark-related offenses.
Geographical Indications (Registration & Protection) of Goods Act, 1999:
- Section 42: Replaced imprisonment with financial penalties for falsely applying geographical indications.
- Sections 43 & 44: Omitted, removing criminal penalties for various GI-related offenses.
“The Jan Vishwas Act, 2023, introduces a balanced approach that is poised to enhance governance through trust and facilitate ease of doing business for startups and emerging entrepreneurs, constructing an atmosphere that is more favourable for development and innovation. By omitting and decriminalizing certain provisions under intellectual property legislation, the Act aims to streamline the adjudication of IP offenses and simultaneously improve compliance. However, it is essential to ensure that the government’s principle of “minimum government, maximum governance” is applied judiciously to preserve a critical equilibrium between promoting creativity and enforcing self-regulation.” – Nilanshu Shekhar, Founding Partner
For detailed information refer to the notification here- Read More
Notable IPR Developments 2023 – India
Jan Vishwas (Amendment of Provisions) Act, 2023: Decriminalization of IP Laws
The Big Mac Trademark Tussle Between Supermac and McDonald’s
Other Barks & Bites for Friday, May 24: ChatGPT Pulls AI Voice That Sounded Like Scarlett Johansson; Report Finds Copyright Industry Resilient After COVID-19 Economic Dip; Google Fails to Revive Patent in Front of CAFC
Jan Vishwas (Amendment of Provisions) Act, 2023: Decriminalization of IP Laws
- India Monthly News Roundup – June & July, 2024 (Read Here)
- News Updates
The Jan Vishwas (Amendment of Provisions) Act, 2023, effectual from on August 1, 2024, marks a significant shift in India’s approach to IPR enforcement. This legislative change decriminalizes various offenses under key IPR laws, including the Patents Act, Trade Marks Act, and Geographical Indications of Goods Act. A brief overview and explanation of the key sections amended in various IPR laws:
The Patents Act, 1970:
- Section 120: Increased penalties for unauthorized patent claims. The fine is now up to 10 lakh rupees with an additional 1000 rupees per day for continuing violations.
- Section 121: The section is omitted. Thus, decriminalized the misuse of the term ‘Patent Office’ by removing imprisonment.
- Section 122: Revised penalties for false entries in the register, removing imprisonment and introducing sales-based fines. (5% of the total sale or turnover or gross receipts, or 5 crore rupees, whichever is less)
- Section 123: Increased penalties for unauthorized disclosure of information and introduced penalties of continuous offence. (further penalty of Rs.1000 for every day after the first instance during which such default continues).
- New Sections 124A and 124B: Introduce adjudication processes and appeal mechanisms.
The Trade Marks Act, 1999:
- Section 107: Replaced imprisonment with financial penalties for falsely representing trademarks as registered.
- Sections 106, 108, and 109: Omitted, removing criminal penalties for various trademark-related offenses.
Geographical Indications (Registration & Protection) of Goods Act, 1999:
- Section 42: Replaced imprisonment with financial penalties for falsely applying geographical indications.
- Sections 43 & 44: Omitted, removing criminal penalties for various GI-related offenses.
“The Jan Vishwas Act, 2023, introduces a balanced approach that is poised to enhance governance through trust and facilitate ease of doing business for startups and emerging entrepreneurs, constructing an atmosphere that is more favourable for development and innovation. By omitting and decriminalizing certain provisions under intellectual property legislation, the Act aims to streamline the adjudication of IP offenses and simultaneously improve compliance. However, it is essential to ensure that the government’s principle of “minimum government, maximum governance” is applied judiciously to preserve a critical equilibrium between promoting creativity and enforcing self-regulation.” – Nilanshu Shekhar, Founding Partner
For detailed information refer to the notification here- Read More
Notable IPR Developments 2023 – India
Jan Vishwas (Amendment of Provisions) Act, 2023: Decriminalization of IP Laws
The Big Mac Trademark Tussle Between Supermac and McDonald’s
Other Barks & Bites for Friday, May 24: ChatGPT Pulls AI Voice That Sounded Like Scarlett Johansson; Report Finds Copyright Industry Resilient After COVID-19 Economic Dip; Google Fails to Revive Patent in Front of CAFC
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