2024-08-19
The Jan Vishwas (Amendment of Provisions) Act, 2023, which came into force on August 01, 2024, is an Act to amend 42 enactments for decriminalizing and rationalizing offences to enhance trust-based governance for ease of living and doing business. The legislation introduces comprehensive reforms to India''s IP framework. The below tabular chart aims to briefly summarize the key changes and their impact as regards The Patents Act, 1970, The Trade Marks Act, 1999, The Copyright Act, 1957, and The Geographical Indications of Goods (Registration and Protection) Act, 1999:
Omission of Provisions
| Change Overview | Omitted Provisions | Impact |
| Patents, Trademarks, Geographical Indications | Section 121 of the Patents Act, Section 108 of the Trade Marks Act, and Section 43 of the Geographical Indications Act provided for imprisonment and/or fine if any person uses on his place of business or any document issued by him or otherwise any such words which would reasonably lead to the belief that his place of business is officially connected with, the Patents Office, The Trade Marks Registry, The Geographical Indications Registry. | The omission of the certain provisions aims in contributing to rationalize the criminal provisions thereby ensuring that the business, citizens of India and the government department can function without the fear of imprisonment for minor, technical or procedural defaults. |
| Trademarks, Geographical Indications | Section 109 of the Trade Marks Act and Section 44 of the Geographical Indications Act provided for imprisonment and/or fine for falsification of entries in the Register. | Further, the criminal penalties set forth for technical/procedural errors and minor defaults bog down the legal system and delays the adjudication of serious offences. |
| Trademarks | Section 106 of the Trade Marks Act provided for penalty for removing piece goods, etc., contrary to section 81. | Section 106 was removed as Section 81 of the Act for Stamping of piece goods, cotton yard and thread, was earlier removed by the Trade Marks (Amendment) Act, 2010. |
| Copyrights | Section 68 provided for imprisonment and/or fine as a penalty for making false statements for the purpose of deceiving or influencing any authority or officer. |
Alternation in PenaltiesChange Overview Earlier Provisions Amended Provisions Impact Patents Act Section 123 provided for penalties on individuals practicing as Patent Agents without registration. The fine for a first offense has been increased to up to INR 5,00,000, with an additional INR 1,000 per day for continued offenses. This change aims to discourage unauthorized practice and encourage practice by qualified patent professionals. The alteration of the penalties in certain provisions aims at striking the balance between severity of the offence committed and the gravity of the prescribed punishment. The criminal penalty in certain instances have been replaced with fines. Patents Act, Trade Marks Act, Geographical Indications Act Section 120 of the Patents Act, Section 107(2) of the Trade Marks Act, and Section 42(2) of the Geographical Indications Act provide for penalties for unauthorized claims for an article being patented or a subject of a patent application, or a trade mark or geographical indication being registered. Section 120 of the Patents Act has been amended to increase the penalties. Previously, the fine was up to INR 100,000. This has now been raised to a maximum of INR 1,000,000, with an additional penalty of INR 1,000 per day after the first during which such claim continues.
The penalty of imprisonment and fine under Section 107(2) of the Trade Marks Act and Section 42(2) of the Geographical Indications Act has been substituted with a penalty of a sum equal to one half per cent of the total sales or turnover, as the case may be, in business or of the gross receipts in profession, as computed in the audited accounts of such person, or a sum equal to INR 500,000, whichever is less.Patents Act Section 122(1) of the Patents Act provided for imposition of fine up to INR 1,000,000 if a person refuses or fails to furnish the relevant information to the Central Government or the Controller of Patents.
Section 122(2) of the Patents Act provided for imprisonment up to six months and/or fine for knowingly providing false information.The penalty has been reduced to a maximum of INR 1,00,000, with an additional penalty of INR 1,000 for every day after the first during which such refusal or failure continues.
Under the amended provision, the penalty is "one-half percent of the total sales or turnover, or INR 50,000,000, whichever is less".Trade Marks Act Section 140(3) prescribed a fine of INR 500 if the importer or his agent fails to provide a document relating to the imported goods or to furnish information as to the name and address of the person by whom the goods were consigned to India and the name and address of the person to whom the goods were sent in India, if requisitioned by the Commissioner of Customs. The penalty has been increased to INR 10,000.
Insertion of New Adjudication MechanismChange Overview New Provisions Impact Patents Act, Trade Marks Act, Geographical Indications Act Section 124A of the Patents Act, Section 112A of the Trade Marks Act and Section 37A of the Geographical Indications Act, outlines the procedures for imposing penalties on individuals violating the provisions by adjudicating officer.
Section 124B of the Patents Act, Section 112B of the Trade Marks Act and Section 37B of the Geographical Indications Act, provides a framework for appealing decisions related to penalties, detailing the appellate authority and the procedure for filing and processing appeals.Insertion of new adjudication mechanism reduces the pressure on the justice system and aids in reducing case pendency which facilitates a more efficient and effective justice dispensation. Moreover, the modifications seek to mitigate legal complexities that can emerge during the actual application of the Act, so promoting a smoother and more efficient trademark governance. Patents Act, Trade Marks Act, Geographical Indications Act Section 159(2) of the Patents Act, Section 157(2) of the Trade Marks Act and Section 87(2) of the Geographical Indications Act - new clauses added to enlarge the powers of Central