The Jan Vishwas (Amendment of Provisions) Act, 2023 which came into effect recently on August 1, 2024 has garnered significant attention across the country. The Act, having brought amendments to various Acts of our legislation, including those related to Intellectual Property (IP) and media laws among others, primarily aims to decriminalise the provisions – aiming to shift from punitive measures like imprisonment to more lenient penalties such as fines and pecuniary penalties.

The key changes relating to the Patents, Trademarks, GI and Copyright laws have been detailed below.

 The Patents Act, 1970

Section Particulars Earlier Provision Amended Provision
Section 120 Increase in penalty for unauthorized claim of patent rights A fine which may extend to INR 1 lakh A fine which may extend to INR 10 lakhs, and in case of a continuing claim, a further penalty of INR 1,000 for every day after the first during which such claim continues.

 
Section 121 Removal of provision regarding wrongful use of the words ‘patent office’ Imprisonment for a term which may extend to 6 months, or with fine, or with both Section omitted.
Section 122(1) Reduced penalty for refusal or failure to furnish information to the Central Government or to the Controller A fine which may extend to INR 10 lakhs A fine which may extend to INR 1 lakh, and in case of continuing refusal or failure, a further penalty of INR 1,000 for every day after the first during which such refusal or failure continues.
Section 122(2) Decriminalization of penalty for furnishing of false information Imprisonment which may extend to 6 months, or with fine, or with both Penalty for a sum equal to one half per cent of the total sale or turnover, as the case may be, of business or of the gross receipts in profession as computed in the audited accounts of such person, or a sum equal to five crore rupees, whichever is less.
Section 123 Increase in penalty for practice by non-registered patent agents A fine which may extend to INR 1 lakh for the first offense, and for subsequent offences, the maximum fine was INR 5 lakh. Penalty which may extend to INR 5 lakhs, and in case of continuing default, a further penalty of INR 1000 for every day after the first during which such default continues.
Section 124A Introduction of new provision for adjudication of penalties – The Controller may authorise an adjudicating officer for holding an inquiry and imposing penalty under the provisions of the Patents Act, 1970.
Section 124B Introduction of new provision for appealing order of adjudicating officer under Section 124A – Those aggrieved by the order of the adjudicating officer under Section 124A can appeal the same before an appellate authority.
Section 159(2) Inclusion of two clauses Two clauses (xiiia) and (xiiib) – Central Government given the power to make rules regarding the under Section 124A & 124B.

 

 

The Trade Marks Act, 1999:

Section Particulars Earlier Provision Amended Provision
Section 106 Removal of penalty for removing piece goods (goods that are ordinarily sold by length or by the piece) for sale from any premises mentioned under Section 81 of the Act Such goods shall be forfeited to Government with a fine which may extend to INR 1000 Section omitted.
Section 107 Decriminalisation of penalty for falsely representing a trademark as registered Imprisonment for a term which may extend up to 3 years or with fine or both Penalty for 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 five lakh rupees, whichever is less.

 
Section 108 Removal of penalty for improperly describing a place of business as connected with the Trade Marks Office Imprisonment for a term which may extend up to two years or fine or both Section omitted.
Section 109 Removal of penalty for falsification of entries in the register Imprisonment for a term which may extend up to two years or fine or both Section omitted.
Section 112A Introduction of new provision for adjudication of penalties – The Registrar may authorise an adjudicating officer for holding an inquiry and imposing penalty under the provisions of the Trade Marks Act, 1999.
Section 112B Introduction of new provision for appealing order of adjudicating officer under Section 112A – Those aggrieved by the order of the adjudicating officer under Section 112A can appeal the same before an appellate authority.
Section 140(3) Increase in penalty for Importers/ their agents upon failure to produce any documents & to furnish relevant information within deadline when required so by the Commissioner of Customs Fine which may extend to INR 500 Penalty of INR 10, 000
Section 157(2) Inclusion of two clauses Two clauses (xxxiiia) and (xxxiiib) – Central Government given the power to make rules regarding the under Sections 112A & 112B.

 

 

The Copyright Act, 1957:

Section Particulars Earlier Provision Amended Provision
Section 68 Removal of penalty for making false statements for deceiving or influencing any authority/ officer in respect of doing or omitting their duty of execution of the provisions of this Act Imprisonment which may extend to one year, or with fine, or with both. Section omitted.

 

Geographical Indications of Goods (Registration and Protection) Act, 1999:

Section Particulars Earlier Provision Amended Provision
Section 37A Introduction of new provision for adjudication of penalties – The Controller may authorise an adjudicating officer for holding an inquiry and imposing penalty under the provisions of the Geographical Indications of Goods (Registration and Protection) Act, 1999
Section 37B Introduction of new provision for appealing order of adjudicating officer under Section 37A – Those aggrieved by the order of the adjudicating officer under Section 37A can appeal the same before an appellate authority.
Section 87(2) Inclusion of two clauses (oa) and (ob) – Central Government given the power to make rules under Section 37A and 37B.

 
Section 42(2) Decriminalization of penalty for falsely representing a GI as registered Imprisonment which may extend to 3 years, or with fine, or with both Penalty based on the turnover i.e., it would be 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 INR 5 lakh, whichever is less.
Section 43 Removal of penalty for improperly describing a place of business as connected with the GI Registry Imprisonment which may extend to 2 years, or with fine, or with both Section omitted.
Section 44 Removal of penalty for falsification of entries in the GI Register Imprisonment for a term which may extend to 2 years, or with fine, or with both Section omitted.

It is evident that the Jan Vishwas (Amendment of Provisions) Act, 2023 has brought in several significant amendments marking a notable shift in the legal landscape surrounding intellectual property rights in India. In conclusion, while the Jan Vishwas (Amendment of Provisions) Act aims to simplify and enhance the business environment by amending the existing laws, it is yet to be seen whether this aim would actually be accomplished in the intellectual property law landscape. As India tries to implement these amendments, it is important to carefully monitor whether these amendments achieve the intended aim of the Act, i.e., to reducing compliance burdens without compromising fairness or creating additional obstacles for businesses and individuals.

Written by Adlin Mini M and Keerthana K