Issuance of enforcement date of Jan Vishwas act related to the Trade Marks Act, 1999

26-Jul-2024 | S.O 2972(E).

Department for Promotion of Industry and Internal Trade has issued an enforcement date under the Jan Vishwas (Amendment of Provisions) Act, 2023 related to the Trade Marks Act, 1999. The effective date of the provisions is 1st August, 2024.

Highlights of the amendment under the Trade Marks Act, 1999 are:
1. Section 107: In sub-section (2), the words "punishable with imprisonment for a term which may extend to three years, or with fine, or with both" shall be substituted with "liable to 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 the profession, as computed in the audited accounts of such person, or a sum equal to five lakh rupees, whichever is less.
2. Section 112A: The following section is inserted after section 112: 112A. Adjudication of penalties. The Registrar may, by an order, authorise an officer referred to in section 3, to be an adjudicating officer for holding an inquiry and imposing a penalty under the provisions of this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard.
3. Section 112B: The following section shall be inserted: 112B. Appeal.
(1) Whoever is aggrieved by an order of the adjudicating officer under section 112A may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification authorise in this behalf.
(2) Every appeal under this section shall be preferred in such form and manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for

Please refer to the attached documents for more information.

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Issuance of enforcement date of Jan Vishwas act related to the Trade Marks Act, 1999

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Issuance of enforcement date of Jan Vishwas act related to the Trade Marks Act, 1999

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