Sample Read
© Taxmann
Price : ` 365
Published by :
Taxmann Publications (P.) Ltd.
Sales & Marketing : 59/32, New Rohtak Road, New Delhi-110 005 India
Phone : +91-11-45562222
Website : www.taxmann.com
E-mail : sales@taxmann.com
Regd. Office :
21/35, West Punjabi Bagh, New Delhi-110 026 India
Printed at :
Tan Prints (India) Pvt. Ltd.
44 Km. Mile Stone, National Highway, Rohtak Road
Village Rohad, Distt. Jhajjar (Haryana) India
E-mail : sales@tanprints.com
Disclaimer
Every effort has been made to avoid errors or omissions in this publication. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. It is notified that neither the publisher nor the author or seller will be responsible for any damage or loss of action to any one, of any kind, in any manner, therefrom. It is suggested that to avoid any doubt the reader should cross-check all the facts, law and contents of the publication with original Government publication or notifications.
No part of this book may be reproduced or copied in any form or by any means [graphic, electronic or mechanical, including photocopying, recording, taping, or information retrieval systems] or reproduced on any disc, tape, perforated media or other information storage device, etc., without the written permission of the publishers. Breach of this condition is liable for legal action.
For binding mistake, misprints or for missing pages, etc., the publisher’s liability is limited to replacement within seven days of purchase by similar edition. All expenses in this connection are to be borne by the purchaser. All disputes are subject to Delhi jurisdiction only.
TRADE MARKS ACT, 1999
III
CHAPTER IV
CHAPTER IVA
CHAPTER V
CHAPTER VI
CHAPTER VII
CHAPTER VIII
CHAPTER IX
CERTIFICATION TRADE MARKS
[Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021]
100. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021]
CHAPTER XII
OFFENCES, PENALTIES AND PROCEDURE
104. Penalty for selling goods or providing services to which false trade mark or false trade description is applied
106. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-8-2024]
107. Penalty for falsely representing a trade mark as registered
108. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-8-2024]
109. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-8-2024]
120. Punishment of abetment in India of acts done out of India
CHAPTER XIII
MISCELLANEOUS
148.
151.
152.
153.
154.
155.
PATENTS ACT, 1970
CHAPTER IV
CHAPTER IVA
24A. to 24F. [Omitted by the Patents (Amendment) Act,
CHAPTER V
In cases of “obtaining”
27. [Omitted by the Patents (Amendment) Act, 2005, w.r.e.f. 1-1-2005]
28. Mention of inventor as such in patent
CHAPTER VI
31. Anticipation by public display, etc.
33. Anticipation by use and publication after provisional specification
34. No anticipation if circumstances are only as described in sections 29, 30, 31 and 32
CHAPTER VII
CHAPTER VIII
49. Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India
50. Rights of co-owners of patents
51. Power of Controller to give directions to co-owners
52. Grant of patent to true and first inventor where it has been obtained by another in fraud of him
53. Term of patent
CHAPTER IX
PATENTS OF ADDITION
54.
55.
56. Validity of patents
CHAPTER X
57. Amendment of application and specification or any document related thereto before Controller
58. Amendment of specification before Appellate Board or High Court
59. Supplementary provisions as to amendment of application or specification
CHAPTER
XI RESTORATION OF LAPSED PATENTS 60. Applications for restoration of lapsed patents
61. Procedure for disposal of applications for restoration of lapsed patents
62. Rights of patentees of lapsed patents which have been restored
CHAPTER XII
Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic
CHAPTER XIII
67. Register of patents and particulars to be
68. Assignments, etc., not to be valid unless in writing and duly executed
69. Registration of assignments, transmissions, etc.
70. Power of registered grantee or proprietor to deal with
71.
72.
CHAPTER XIV
PATENT OFFICE AND ITS ESTABLISHMENT
CHAPTER XV
CHAPTER XVI
85.
86. Power of Controller to adjourn applications for compulsory licences, etc., in
88.
CHAPTER XVII
CHAPTER XVIII
106. Power of court to grant relief in cases of groundless threats of infringement proceedings
107. Defences, etc., in suits for infringement
Certain acts not to be considered as infringement
Reliefs in suits for infringement
109. Right of exclusive licensee to take proceedings against infringement
110. Right of licensee under section 84 to take proceedings against infringement
111. Restriction on power of court to grant damages or an account of profits for infringement
112. [Omitted by the Patents (Amendment) Act, 2002, w.e.f. 20-5-2003]
113. Certificate of validity of specification and costs of subsequent suits for infringement thereof
Relief for infringement of partially valid specification
Scientific advisers
CHAPTER XIX APPEALS
116. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 157
117. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 158
[Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021]
117C. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 159
117D [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 159
117E. Appearance of Controller in legal proceedings 160
117F. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 160
117G [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 160
117H [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 160
CHAPTER XX PENALTIES
118. Contravention of secrecy provisions relating to certain inventions 161
119. Falsification of entries in register, etc. 161
120. Unauthorised claim of patent rights 161
121. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-8-2024] 162
125.
CHAPTER XXI
PATENT AGENTS
128.
CHAPTER XXII
CHAPTER XXIII
MISCELLANEOUS
145.
146.
147. Evidence of entries, documents, etc.
148. Declaration by infant, lunatic, etc.
149. Service of notices, etc.,
150.
151.
152.
153.
154.
155.
ACT, 1957
CHAPTER IV
CHAPTER V
25. [Omitted by the Copyright (Amendment) Act, 2012, w.e.f. 21-6-2012]
26. Term of copyright in cinematograph films
28. Term of copyright in Government works
28A. Term of copyright in works of public undertakings
CHAPTER VI
LICENCES
30.
30A.
31.
32.
CHAPTER VII
COPYRIGHT SOCIETIES
[Omitted by the Copyright (Amendment) Act, 2012, w.e.f. 21-6-2012]
35. Control over the copyright society by the author and other owners of right
36. Submission of returns and reports
CHAPTER VIII
CHAPTER IX INTERNATIONAL
CHAPTER X
CHAPTER XI
INFRINGEMENT OF COPYRIGHT
51. When copyright infringed
52. Certain acts not to be infringement of copyright
52A. Particulars to be included in sound recordings and video films
52B. [Omitted by the Copyright (Amendment) Act, 2012, w.e.f. 21-6-2012]
53. Importation of infringing copies
53A. Resale share right in original copies
CHAPTER XII
CIVIL REMEDIES
54. Definition
55. Civil remedies for infringement of copyright
56. Protection of separate rights
57. Author’s special rights
58. Rights of owner against persons possessing or dealing with Infringing copies
59. Restriction on remedies in the case of works of architecture
60. Remedy in the case of groundless threat of legal proceedings
61. Owner of copyright to be party to the proceeding
62. Jurisdiction of court over matters arising under this Chapter 237
CHAPTER XIII
OFFENCES
63. Offence of infringement of copyright or other rights conferred by this Act
63A. Enhanced penalty on second and subsequent convictions
Knowing use of infringing copy of computer programme to be an offence
64. Power of police to seize infringing copies
65. Possession of plates for purpose of making infringing copies
65A. Protection of technological measures
Protection of Rights Management Information
66. Disposal of infringing copies or plates for purpose of making infringing copies
67. Penalty for making false entries in register, etc., for producing or tendering false entries
68. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-8-2024]
68A. Penalty for contravention of section 52A
69.
70.
CHAPTER XIV
APPEALS
71.
72.
73.
CHAPTER XV MISCELLANEOUS
74. Registrar of Copyrights and Appellate Board to possess certain powers of civil courts
75. Orders for payment of money passed by Registrar of Copyrights and Appellate Board to be executable as a decree
76. Protection of action taken in
77.
78.
79.
DESIGNS ACT, 2000
4. Prohibition of registration of certain designs
5. Application for registration of designs
6. Registration to be in respect of particular article
7. Publication of particulars of registered designs
8. Power of Controller to make orders regarding substitution of application, etc.
9. Certificate of registration
10. Register of designs
CHAPTER III
COPYRIGHT IN REGISTERED DESIGNS
11. Copyright on registration
12. Restoration of lapsed designs
13. Procedure for disposal of applications for restoration of lapsed designs
14. Rights of proprietor of lapsed design which have been restored
15. Requirements before delivery on sales
16. Effect of disclosure on copyright
17. Inspection of registered designs
18. Information as to existence of copyright
19. Cancellation of registration
20. Designs to bind Government
CHAPTER IV
INDUSTRIAL AND INTERNATIONAL EXHIBITIONS
21. Provisions as to exhibitions
CHAPTER V LEGAL PROCEEDINGS
22. Piracy of registered design
23. Application of certain provisions of the Act as to patents to designs
CHAPTER VI
25. Notice of trust not to be entered in registers
26. Inspection of and extracts from registers
27. Privilege of reports of Controller
28. Prohibition and publication of specification, drawings, etc., where application abandoned, etc.
29. Power of Controller to correct clerical errors
30. Entry of assignment and transmissions in registers
31. Rectification of register
CHAPTER VII
POWERS AND DUTIES OF CONTROLLER
32. Powers of Controller in proceedings under Act
33. Exercise of discretionary power by Controller
34. Power of Controller to take directions of the Central Government
35. Refusal to register a design in certain cases
36. Appeals to the High Court
37. Evidence before the Controller
38. Certificate of Controller to be evidence
39. Evidence of documents in patent office
40. Applications and notices by post
41. Declaration by infant, lunatic, etc.
42. Avoidance of certain restrictive conditions
CHAPTER IX
44. Reciprocal arrangement with the United Kingdom and other convention countries or group of countries or inter-governmental organisations
45. Report of the Controller to be placed before Parliament
3.
GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999
16. Registration
17. Application for registration as authorised user
18. Duration, renewal, removal and restoration of registration
19. Effect of removal from register for failure to pay fee for renewal 276
CHAPTER IV
EFFECT OF REGISTRATION
20. No action for infringement of unregistered geographical indication
21. Rights conferred by registration
22. Infringement or registered geographical indications
23. Registration to be prima facie evidence of validity 278
24. Prohibition of assignment or transmission, etc. 279
CHAPTER V
SPECIAL PROVISIONS RELATING TO TRADE MARKS AND PRIOR USERS
25. Prohibition of registration of geographical indication as trade mark
26. Protection to certain trade marks
CHAPTER VI
RECTIFICATION AND CORRECTION OF THE REGISTER
27. Power to cancel or vary registration and to rectify the register 280
28. Correction of register 281
29. Alteration of registered geographical indications
30. Adaptation of entries in register to amend or substitute classification of goods 281
CHAPTER VII APPEALS
31. Appeals to the High Court 282
32. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 282
33. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 282
34. Procedure for application for rectification, etc., before High Court 282
35. Appearance of Registrar in legal proceedings
36. [ Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021]
CHAPTER VIII
OFFENCES, PENALTIES AND PROCEDURE
37. Meaning of applying geographical indications
37A. Adjudication of penalties284
37B. Appeal284
38. Falsifying and falsely applying geographical indications
39.
40. Penalty for selling goods to which false geographical indication is applied
41. Enhanced penalty
42. Penalty for falsely representing a geographical indication as
43. [Omitted by the Jan Vishwas (Amendment of Provision) Act, 2023, w.e.f. 1-8-2024]
44. [Omitted by the Jan Vishwas (Amendment of Provision) Act, 2023, w.e.f. 1-8-2024]
45.
50. Cognizance of certain offences and the powers of police officer for search and
CHAPTER IX
56.
57. Stay of proceedings where the validity of registration of the geographical indication is questioned, etc.
58. Application for rectification of register to be made to High Court in certain cases
59.
60.
61.
62.
63.
64.
65.
66.
67.
71.
85.
3.
PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001
CHAPTER I PRELIMINARY
CHAPTER II
CHAPTER III
21. Advertisement of application
22. Registrar to consider grounds of opposition
Registration of essentially derived variety
23. Registration of essentially derived variety.
CHAPTER IV
DURATION AND EFFECT OF REGISTRATION AND BENEFIT SHARING
24. Issue of certificate of registration
25. Publication of list of varieties
26. Determination of benefit sharing by Authority
27. Breeder to deposit seeds or propagating material
28. Registration to confer right
29. Exclusion of certain varieties
30. Researcher’s rights
31. Special provisions relating to application for registration from citizens of convention
32. Provisions as to reciprocity
CHAPTER V
SURRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND CORRECTION OF REGISTER
33. Surrender of certificate of registration
34. Revocation of protection on certain grounds
35. Payment of annual fees and forfeiture of registration in default thereof
36. Power to cancel or change registration and to rectify the Register
37. Correction of Register
38. Alteration of denomination of a registered variety
CHATER VI
FARMERS’ RIGHTS
39. Farmers’
43. Authorisation of farmers’ variety
44. Exemption from fees
46. Framing of schemes, etc.
CHAPTER VII
COMPULSORY LICENCE
47. Power of Authority to make order for compulsory licence in certain circumstances 328
48. When requirement of public deemed to have not been satisfied 328
49. Adjournment of application for grant of compulsory licence 328
50. Duration of compulsory licence
51. Authority to settle terms and conditions of licence 329
52. Revocation of compulsory licence 329
53. Modification of compulsory licence 329
CHAPTER VIII
APPEALS
54. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 330
55. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 330
56. Appeals to High Court 330
57. Orders of High Court 331
58. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 331
59. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 332
CHAPTER IX
FINANCE, ACCOUNTS AND AUDIT
61.
62. Budget, accounts and audit
63. Financial and administrative powers of the Chairperson
CHAPTER X
INFRINGEMENT, OFFENCES, PENALTIES AND PROCEDURE
64. Infringement
65. Suit for infringement, etc.
66. Relief in suits for infringement
67. Opinion of scientific adviser 334 Offences, penalties and procedure
68. Prohibition to apply the denomination of a registered variety
69. Meaning of falsely applying denomination of a registered variety
70. Penalty for applying false denomination, etc.
71. Penalty for selling varieties to which false denomination is applied, etc.
72. Penalty for falsely representing a variety as registered
73. Penalty for subsequent offence
74. No offence in certain cases
75. Exemption of certain persons employed in ordinary course of business
76. Procedure where invalidity of registration is pleaded by the accused
77. Offences by companies
CHAPTER XI
MISCELLANEOUS
78.
80. Death of party to a
81. Right of registered agent and the registered licensee to institute suit
82. Evidence of entry in Register, etc., and things done by the Authority and the Registrar
83. Authority, Registrar and other officers not compellable to production of Register, etc.
84. Document open to public inspection
85. Report of Authority to be placed before Parliament
86. Government to be
87.
of
97. Rules, regulations and schemes to be laid before Parliament
1.
SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000
3. Registrar of Semiconductor Integrated Circuits layoutdesign
4. Power of Registrar to transfer pending matters
5. Registry
6. Register of Layout-Designs
7. Prohibition of registration of certain layout-designs
8. Application
15.
EFFECT OF REGISTRATION
16. No action of infringement of unregistered
17.
18. Infringement
19. Registration
ASSIGNMENT
20. Power of Registered Proprietor to assign and give
21. Assignability and transmissibility of registered layoutdesign
22. Conditions for assignment otherwise than in connection with the goodwill of a business
23. Registration of assignments and transmissions
CHAPTER VI
USE OF LAYOUT-DESIGN AND REGISTERED USERS
24. Registered users
25. Registration as registered user
26. Power of Registrar for cancellation of registration as registered user
27. Power of Registrar to call for information relating to agreement in respect of registered users
28. Right of registered user to take proceedings against infringement
29. Registered user not to have right of assignment or transmission
CHAPTER VII
31. Correction of register
CHAPTER VIII
APPELLATE BOARD
32. Establishment of Layout-Design Appellate Board
33. Composition of Appellate
34. Qualifications for appointment as Chairperson, ViceChairperson, or other Members
35. Term of office of Chairperson, Vice-Chairperson and Members
36. Vice-Chairperson or senior-most Member to act as Chairperson or discharge his function in certain circumstances
37. Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members
38. Resignation and removal
39. Staff of Appellate Board
40. Application to the Appellate Board to determine royalty
of
42.
43. Procedure and powers of Appellate
44. Bar of jurisdiction of courts, etc.
45. Bar to appear before Appellate Board
46. Conditions as to making of interim order
47. Power of Chairperson to transfer cases from one Bench to another
48. Procedure for application for rectification, etc., before Appellate Board
49. Appearance of Registrar in legal proceedings
50. Registrar to refer certain disputes to the Board
51. Power of the Board to permit certain uses
52. Costs of Registrar in proceedings before Appellate Board
53.
54.
55.
CHAPTER IX
OFFENCES, PENALTIES AND PROCEDURE
56. Penalty for infringement of layout-design
57. Penalty for falsely representing a layout-design as registered
58. Penalty for improperly describing a place of business as connected with the Semiconductor Integrated Circuits Layout-Design Registry
59. Penalty for falsification of entries
60.
61.
62.
63.
66. Information as to commission of
67. Punishment of abetment in India of acts done out of India
CHAPTER X
MISCELLANEOUS
70. Certain persons
72. Powers of
73. Exercise of discretionary power by
74. Evidence
75. Death of party to a proceeding
76. Extention of time
77. Abandonment
78. Preliminary advice by the Registrar
79. Registered user to be impleaded in certain proceedings
80. Evidence of entries in register, etc., and things done by the Registrar
81. Registrar and other officers not compellable to produce register, etc.
82.
83.
85.
87. Documents
88.
90.
91. Declaration as to ownership of layout-design not registerable under the Registration
92.
93.
94.
95.
BIOLOGICAL DIVERSITY ACT, 2002
rity
4. Results of research not to be transferred to certain persons without approval of National Biodiversity Authority
5. Certain provisions not to apply to certain collaborative research projects
6. Application for intellectual property rights not to be made without approval of National Biodiversity Authority
7. Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes
CHAPTER III NATIONAL BIODIVERSITY AUTHORITY
8. Establishment of National Biodiversity Authority
9. Conditions of service of Chairperson, members and Member-Secretary
12. Meetings of
13. Committees of
14. Officers and employees of
15. Authentication of orders and decisions of National Biodiversity Authority
16. Delegation of powers
17. Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India
AUTHORITY 19. Approval by National Biodiversity Authority for under taking certain activities
CHAPTER VI
CHAPTER VII
CHAPTER VIII
CHAPTER IX
CHAPTER
42.
CHAPTER XI
LOCAL BIODIVERSITY FUND
45. Annual statement of Biodiversity
46. Audit of accounts of Biodiversity
47. Annual report, etc., of the Biodiversity Management Committee to be submitted to
CHAPTER XII
MISCELLANEOUS
48. National Biodiversity Authority to be bound by the directions given by
49.
50.
51. Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants
58. [Omitted by the Biological Diversity (Amendment) Act, 2023, w.e.f. 1-4-2024]
61.
Trade Marks Act, 1999†
[47 OF 1999]1
An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:—
CHAPTER I PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called the Trade Marks Act, 1999.
(2)It extends to the whole of India.
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
Definitions and interpretation.
2. (1) In this Act, unless the context otherwise requires,—
(a) 3[***]
(b) “assignment” means an assignment in writing by act of the parties concerned;
(c)“associated trade marks” means trade marks deemed to be, or required to be, registered as associated trade marks under this Act;
(d) 4[***]
1.Dated 30-12-1999.
2. Notification No. S.O. 1048(E), dated 15-9-2003 - In exercise of the powers conferred by sub-section (3) of section 1 of the Trade Marks Act, 1999 (47 of 1999), the Central Government hereby appoints 15th day of September, 2003 as the date on which all the provisions of the said Act shall come into force.
3. Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its omission, clause (a)read as under:
‘(a) “Appellate Board” means the Appellate Board established under section 83;’
4. Omitted, ibid. Prior to its omission, clause (d) read as under:
‘(d) “Bench” means a Bench of the Appellate Board;’
† This Act was amended by the Tribunals Reforms Act, 2021. However, in Madras Bar Association v. Union of India [2025] 180 taxmann.com 608 (SC), the Supreme Court struck down key provisions of the Tribunals Reforms Act, 2021.
(
e) “certification trade mark” means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person;
(f) 5[***]
(
g) “collective mark” means a trade mark distinguishing the goods or services of members of an association of persons [not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)] which is the proprietor of the mark from those of others;
(h) “deceptively similar”.—A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion;
(i) “false trade description” means—
(I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or
(II) any alteration of a trade description as regards the goods or services to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or misleading in a material respect; or
(III) any trade description which denotes or implies that there are contained, as regards the goods to which it is applied, more yards or metres than there are contained therein standard yards or standard metres; or
(IV) any marks or arrangement or combination thereof when applied—
(
a) to goods in such a manner as to be likely to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose merchandise or manufacture they really are;
(b) in relation to services in such a manner as to be likely to lead persons to believe that the services are provided or rendered by some person other than the person whose services they really are; or
(V) any false name or initials of a person applied to goods or services in such manner as if such name or initials were a trade description in any case where the name or initials—
(a) is or are not a trade mark or part of a trade mark; and
(b) is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection with goods or services of the same description or both and who has not authorised the use of such name or initials; and
5. Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its omission, clause (f) as amended by the Finance Act, 2017, w.e.f. 26-5-2017, read as under:
‘(f) “Chairperson” means the Chairperson of the Appellate Board;’
(c) is or are either the name or initials of a fictitious person or some person not bona fide carrying on business in connection with such goods or services, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Act;
(j) “goods” means anything which is the subject of trade or manufacture;
(k) 6[***]
(l) “limitations” (with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within India or outside India;
(m) “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;
(n) 7[***]
(o) “name” includes any abbreviation of a name;
(p) “notify” means to notify in the Trade Mark Journal published by the Registrar;
(q) “package” includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;
(r) “permitted use”, in relation to a registered trade mark, means the use of trade mark—
(i) by a registered user of the trade mark in relation to goods or services—
(a) with which he is connected in the course of trade; and
(b) in respect of which the trade mark remains registered for the time being; and
(c) for which he is registered as registered user; and
(d) which complies with any conditions or limitations to which the registration of registered user is subject; or
(ii) by a person other than the registered proprietor and registered user in relation to goods or services—
(a) with which he is connected in the course of trade; and
(b) in respect of which the trade mark remains registered for the time being; and
6. Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its omission, clause (k) as amended by the Finance Act, 2017, w.e.f. 26-5-2017, read as under:
‘(k) “Judicial Member” means a Member of the Appellate Board appointed as such under this Act, and includes the Chairperson and the Vice-Chairperson;’
7. Omitted, ibid. Prior to its omission, clause (n) as amended by the Finance Act, 2017, w.e.f. 26-5-2017, read as under:
‘(n) “Member” means a Judicial Member or a Technical Member of the Appellate Board and includes the Chairperson and the Vice-Chairperson;’
(c) by consent of such registered proprietor in a written agreement; and
(d) which complies with any conditions or limitations to which such user is subject and to which the registration of the trade mark is subject;
8[(s) “prescribed” means,–
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(ii) in other cases, prescribed by rules made under this Act;]
(t) “register” means the Register of Trade Marks referred to in sub-section (1) of section 6;
(
u) “registered” (with its grammatical variations) means registered under this Act;
(
v) “registered proprietor”, in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark;
(w) “registered trade mark” means a trade mark which is actually on the register and remaining in force;
(x) “registered user” means a person who is for the time being registered as such under section 49;
(y) “Registrar” means the Registrar of Trade Marks referred to in section 3;
(z) “service” means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising;
(za) “trade description” means any description, statement or other indication, direct or indirect,—
(i) as to the number, quantity, measure, gauge or weight of any goods; or
(ii) as to the standard of quality of any goods or services according to a classification commonly used or recognised in the trade; or
(iii) as to fitness for the purpose, strength, performance or behaviour of any goods, being “drug” as defined in the Drugs and Cosmetics Act, 1940 (23 of 1940), or “food” as defined in the Prevention of Food Adulteration Act, 1954 (37 of 1954); or
(iv) as to the place or country in which or the time at which any goods or services were made, produced or provided, as the case may be; or
8. Substituted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its substitution, clause (s) read as under:
‘(s) “prescribed” means prescribed by rules made under this Act;’
(v) as to the name and address or other indication of the identity of the manufacturer or of the person providing the services or of the person for whom the goods are manufactured or services are provided; or
(vi) as to the mode of manufacture or producing any goods or providing services; or
(vii) as to the material of which any goods are composed; or
(viii) as to any goods being the subject of an existing patent, privilege or copyright, and includes—
(a) any description as to the use of any mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters;
(b) the description as to any imported goods contained in any bill of entry or shipping bill;
(
c) any other description which is likely to be misunderstood or mistaken for all or any of the said matters;
(zb) “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and—
(i) in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and
(ii) in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark;
(zc) “transmission” means transmission by operation of law, devaluation on the personal representative of a deceased person and any other mode of transfer, not being assignment;
(zd) “Technical Member” means a Member who is not a Judicial Member;
(ze) 9[***]
(zf) 9a[***]
9. Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its omission, clauses (ze) as amended by the Finance Act, 2017, w.e.f. 26-5-2017, read as under:
‘(ze) “tribunal” means the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned is pending;’
9a. Omitted, ibid. Prior to its omission, clause (zf) read as under:
‘(zf) “Vice-Chairperson” means a Vice-Chairperson of the Appellate Board;’
(zg) “well-known trade mark”, in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.
(2) In this Act, unless the context otherwise requires, any reference—
(a) to “trade mark” shall include reference to “collective mark” or “certification trade mark”;
(
b) to the use of a mark shall be construed as a reference to the use of printed or other visual representation of the mark;
(
c) to the use of a mark,—
(i) in relation to goods, shall be construed as a reference to the use of the mark upon, or in any physical or in any other relation whatsoever, to such goods;
(ii) in relation to services, shall be construed as a reference to the use of the mark as or as part of any statement about the availability, provision or performance of such services;
(
d) to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3;
(
e) to the Trade Marks Registry shall be construed as including a reference to any office of the Trade Marks Registry.
(3) For the purposes of this Act, goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business and so with descriptions of goods and descriptions of services.
(4) For the purposes of this Act, “existing registered trade mark” means a trade mark registered under the Trade and Merchandise Marks Act, 1958 (43 of 1958) immediately before the commencement of this Act.
CHAPTER II
THE REGISTER AND CONDITIONS FOR REGISTRATION
Appointment of Registrar and other officers.
3. (1) The Central Government may, by notification in the Official Gazette, appoint a person to be known as the Controller-General of Patents, Designs and Trade Marks, who shall be the Registrar of Trade Marks for the purposes of this Act.
(2) The Central Government may appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Registrar, such functions of the Registrar under this Act as he may from time to time authorise them to discharge.
Power of Registrar to withdraw or transfer cases, etc.
4. Without prejudice to the generality of the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer so appointed who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.
Trade marks registry and offices thereof.
5. (1) For the purposes of this Act, there shall be a trade marks registry and the Trade Marks Registry established under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Trade Marks Registry under this Act.
(2) The head office of the Trade Marks Registry shall be at such place as the Central Government may specify, and for the purpose of facilitating the registration of trade marks, there may be established at such places as the Central Government may think fit branch offices of the Trade Marks Registry.
(3) The Central Government may, by notification in the Official Gazette, define the territorial limits within which an office of the Trade Marks Registry may exercise its functions.
(4) There shall be a seal of the Trade Marks Registry.
The register of trade marks.
6. (1) For the purposes of this Act, a record called the Register of Trade Marks shall be kept at the head office of the Trade Marks Registry, wherein shall be entered all registered trade marks with the names, addresses and description of the proprietors, notifications of assignment and transmissions, the names, addresses and descriptions of registered users, conditions, limitations and such other matter relating to registered trade marks as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Registrar to keep the records wholly or partly in computer floppies diskettes or in any other electronic form subject to such safeguards as may be prescribed.
(3) Where such register is maintained wholly or partly on computer under subsection (2) any reference in this Act to entry in the register shall be construed as the reference to any entry as maintained on computer or in any other electronic form.
(4) No notice of any trust, express or implied or constructive, shall be entered in the register and no such notice shall be receivable by the Registrar.
(5) The register shall be kept under the control and management of the Registrar.
(6) There shall be kept at each branch office of the Trade Marks Registry a copy of the register and such of the other documents mentioned in section 148 as the Central Government may, by notification in the Official Gazette, direct.
(7) The Register of Trade Marks, both Part A and Part B, existing at the commencement of this Act, shall be incorporated in and form part of the register under this Act.
Intellectual Property Laws – Bare Act without Comments | AIBE
AUTHOR
:
Taxmann’s Editorial Board
PUBLISHER : Taxmann
DATE OF PUBLICATION : February 2026
EDITION : 2026 Edition
ISBN NO : 9789375610731
No. of Pages : 456
BINDING TYPE : Paperback
Rs. 365
DESCRIPTION
Intellectual Property Laws [Bare Act without Comments] by Taxmann for All India Bar Examination (AIBE) is a comprehensive legislative collection. This 2026 Edition consolidates the complete, unannotated text of all major Indian statutes related to intellectual property into one volume. Designed as a bare act—displaying the law as enacted by Parliament without editorial commentary or interpretation—it functions as an authoritative, quick-reference guide for anyone needing to consult the actual statutory provisions on trademarks, patents, copyrights, designs, geographical indications, plant variety protection, semiconductor layout designs, and biological diversity. The book is specifically aimed at assisting candidates preparing for and referencing during the All India Bar Examination (AIBE). Its bare-act format reflects the type of statutory material candidates are expected to be familiar with, making it an essential resource for exam day.
The Present Publication is the 2025 Edition, covering the amended and updated text of the Intellectual Property Laws, with the following noteworthy features:
• [Updated to 2026] The text incorporates all amendments effective up to the date of publication, including amendments introduced by the following:
o Jan Vishwas (Amendment of Provisions) Act 2023
o Biological Diversity (Amendment) Act 2023
o Tribunals Reforms Act 2021
o Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act 2025
• [Bare Act Format] The book presents the statutory text as enacted, without any editorial commentary, case law annotations, or author opinions
• [Amendment Annotations via Footnotes] While the book does not contain commentary, it provides detailed footnotes at relevant sections indicating the amending Act, notification number, and effective date for each amendment. This allows readers to track the legislative history of each provision without needing separate amendment trackers
• [Eight Major IP Statutes in One Volume] Rather than purchasing separate bare acts for each statute, readers get a single consolidated volume covering the entire Indian IP legislative framework
• [Section-wise Table of Contents] Each Act is preceded by a detailed, section-by-section table of contents with page numbers, enabling rapid navigation to specific provisions