General Information
Notification Date : 26/01/2024
Effective Date : 01/08/2024
Issued by : Ministry of Commerce and Industry (DPIIT)
Relevant Acts : Jan Vishwas (Amendment of Provisions) Act, 2023
Key Amendments
1. Patents Act, 1970
- Section 120 :
- Fine increased to a penalty up to 10 lakh rupees, and 1000 rupees for every day of continuing claim.
- Section 121 :
- Omitted.
- Section 122 :
- Penalty up to 1 lakh rupees, with 1000 rupees daily for continuing refusal.
- Penalty equal to 0.5% of total sales or gross receipts, or 5 crore rupees, whichever is less.
- Section 123 :
- Penalty up to 5 lakh rupees, and 1000 rupees daily for continuing default.
- New Sections 124A and 124B :
- 124A : Authorizes Controller to appoint adjudicating officer for penalties.
- 124B : Appeals against adjudication must be filed within 60 days.
- Section 159 :
- Added clauses for holding inquiry and imposing penalty.
2. Trade Marks Act, 1999
- Section 106 :
- Omitted.
- Section 107 :
- Penalty of 0.5% of total sales or turnover, or 5 lakh rupees, whichever is less.
- Sections 108 and 109 :
- Omitted.
- New Sections 112A and 112B :
- 112A : Authorizes Registrar to appoint adjudicating officer.
- 112B : Appeals must be filed within 60 days.
- Section 140 :
- Penalty of 10,000 rupees for non-compliance within 14 days.
- Section 157 :
- Added clauses for inquiry and appeal process.
3. Geographical Indications of Goods Act, 1999
- New Sections 37A and 37B :
- 37A : Authorizes Registrar to appoint adjudicating officer.
- 37B : Appeals must be filed within 60 days.
- Section 42 :
- Penalty of 0.5% of total sales or turnover, or 5 lakh rupees, whichever is less.
- Sections 43 and 44 :
- Omitted.
- Section 87 :
- Added clauses for inquiry and appeal process.
4. Information Technology Act, 2000
- Section 33 :
- Penalty up to 5 lakh rupees.
- Section 44 :
- Increased penalties for various clauses.
- Section 45 :
- Expanded scope to include "rules, regulations, directions or orders".
Important Points
- Significant increase in fines and penalties across various sections.
- Introduction of adjudicating officers for penalty impositions.
- Specified appeal processes for aggrieved parties.
- Amendments aim to strengthen enforcement mechanisms in these acts.
- Penalties for continuous offenses include daily fines.
- Appeal provisions include opportunities for hearing and justifications for delays.
- New procedural guidelines for holding inquiries and imposing penalties.
- Emphasis on providing reasonable opportunities for being heard before penalties are imposed.
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