Section 4: When work not deemed to be published or performed in p ublic.

Context: Except in relation to infringement of copyright, a work shall not be deemed to be published or performed in public, if published, or performed in public, without the licence of the owner of the copyright.

Question: What does Section 4 provide regarding when work not deemed to be published or performed in p ublic?

Answer: Except in relation to infringement of copyright, a work shall not be deemed to be published or performed in public, if published, or performed in public, without the licence of the owner of the copyright.


Section 14: Meaning of copyright.

Context: For the purposes of this Act, “copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely— (a) in the case of a literary, dramatic or musical work, not being a computer programme,— (i) to reproduce the work in any material form including the storing of it in any medium by electronic means; (ii) to issue copies of the work to the public not being copies already in circulation; (iii) to perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work; (v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi); (b) in the case of a computer programme: (i) to do any of the acts specified in clause (a); (ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programmer: Provided that such commercial rental does not apply in respect of co mputer programmes where the programme itself is not the essential object of the rental. (c) in the case of an artistic work,— (i) to reproduce the work in any material form including— (A) the storing of it in any medium by electronic or other means; or (B) depiction in three-dimensions of a two-dimensional work; or (C) depiction in two-dimensions of a three-dimensional work;

Question: Under Section 14, what does 'in the case of a literary, dramatic or musical work, not being a computer programme,— (i) to reproduce the work in any material form including the storing of it in any medium by electronic' mean?

Answer: in the case of a literary, dramatic or musical work, not being a computer programme,— (i) to reproduce the work in any material form including the storing of it in any medium by electronic means; (ii) to issue copies of the work to the public not being copies already in circulation; (iii) to perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work; (v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);


Section 14: Meaning of copyright.

Question: Under Section 14, what is stated in clause (b)?

Answer: in the case of a computer programme: (i) to do any of the acts specified in clause (a); (ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programmer: Provided that such commercial rental does not apply in respect of co mputer programmes where the programme itself is not the essential object of the rental.


Section 14: Meaning of copyright.

Question: In Section 14, what is meant by 'in the case of an artistic work,— (i) to reproduce the work in any material form including— (A) the storing of it in any medium by electronic or other'?

Answer: in the case of an artistic work,— (i) to reproduce the work in any material form including— (A) the storing of it in any medium by electronic or other means; or (B) depiction in three-dimensions of a two-dimensional work; or (C) depiction in two-dimensions of a three-dimensional work;


Section 14: Meaning of copyright.

Context: For the purposes of this Act, “copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely— (d) in the case of a cinematograph film,— (i) to make a copy of the film, including— (A) a photograph of any image forming part thereof; or (B) storing of it in any medium by electronic or other means; (ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film. (iii) to communicate the film to the public; (e) in the case of a sound recording,— (i) to make any other sound recording embodying it including storing of it in any medium by electronic or other means; (ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording; (iii) to communicate the sound recording to the public. Explanation.—For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.

Question: What does clause (d) of Section 14 provide?

Answer: in the case of a cinematograph film,— (i) to make a copy of the film, including— (A) a photograph of any image forming part thereof; or (B) storing of it in any medium by electronic or other means; (ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the film. (iii) to communicate the film to the public;


Section 14: Meaning of copyright.

Question: Under Section 14, what does 'in the case of a sound recording,— (i) to make any other sound recording embodying it including storing of it in any medium by electronic or other' mean?

Answer: in the case of a sound recording,— (i) to make any other sound recording embodying it including storing of it in any medium by electronic or other means; (ii) to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording; (iii) to communicate the sound recording to the public. Explanation.—For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.


Section 15: Special provision regarding Copyright in designs registered or Capable of being registered under the Designs Act, 2000 (16 of 2000).

Context: (1) Copyright shall not subsist under this Act in any design which is registered under the Designs Act, 2000 (16 of 2000). (2) Copyright in any design, which is capable of being registered under the Designs Act, 2000 (16 of 2000) but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person.

Question: What does sub-section (1) of Section 15 provide?

Answer: Copyright shall not subsist under this Act in any design which is registered under the Designs Act, 2000 (16 of 2000).


Question: Under Section 15, what is stated in sub-section (2)?

Answer: Copyright in any design, which is capable of being registered under the Designs Act, 2000 (16 of 2000) but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person.


Section 18: Assignment of copyright.

Context: (1) The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of th e copyright or any part thereof: Provided that in the case of the assignment of copyright in any future work, th e assignment shall take effect only when the work comes into existence. Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exit or was not in commercial use at the time when the assi gnment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work: Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive r oyalties to be shared on an equal basis with the assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to contrary shall be void: Provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph fil m shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilisation of such work except to the legal heirs of the authors or to a collecting society for collection and distribution an d any assignment to the contrary shall be void.

Question: What does sub-section (1) of Section 18 provide?

Answer: The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of th e copyright or any part thereof: Provided that in the case of the assignment of copyright in any future work, th e assignment shall take effect only when the work comes into existence. Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exit or was not in commercial use at the time when the assi gnment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work: Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive r oyalties to be shared on an equal basis with the assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to contrary shall be void: Provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph fil m shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilisation of such work except to the legal heirs of the authors or to a collecting society for collection and distribution an d any assignment to the contrary shall be void.


Section 18: Assignment of copyright.

Context: (2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes of this Act as the owner of copyright and the provisions of this Act shall have effect accordingly. (3) In this section, the expression “assignee” as respects the assignment of the copyright in any future work includes the legal r epresentatives of the assignee, if the assignee dies before the work comes into existence.

Question: Under Section 18, what is stated in sub-section (2)?

Answer: Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes of this Act as the owner of copyright and the provisions of this Act shall have effect accordingly.


Section 18: Assignment of copyright.

Question: What does Section 18(3) say?

Answer: In this section, the expression “assignee” as respects the assignment of the copyright in any future work includes the legal r epresentatives of the assignee, if the assignee dies before the work comes into existence.


Section 28A: Term of copyright in works of public undertakings.

Context: In the case of a work, where a public undertaking is the first owner of the copyright therein, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.

Question: What does Section 28A provide regarding term of copyright in works of public undertakings?

Answer: In the case of a work, where a public undertaking is the first owner of the copyright therein, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.


Section 30A: Application of section 19.

Context: The p rovisions of sections 19 and 19 A shal l, with any necessary adaptations and modifications, apply in relation to a licence under section 30 as they apply in relation to assignment of copyright in a work.

Question: What does Section 30A provide regarding application of section 19?

Answer: The p rovisions of sections 19 and 19 A shal l, with any necessary adaptations and modifications, apply in relation to a licence under section 30 as they apply in relation to assignment of copyright in a work.


Section 31C: Statutory licence for cover versions.

Context: (1) Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work, where sound reco rdings of that work have been made by or with the licence or consent of the owner of the right in the work, may do so subject to the provisions of this section: Provided that such sound recording s shall be in the same medium as the las t recording, unless the medium of the last recording is no longer in current commercial use. (2) The person making the sound recordings shall give prior notice of his intention to make the sound recordings in the manner as may be prescribed, and provide in advance copies of all covers or labels with which the sound recordings are to be sold, and pay in advance, to the owner of rights in each work royalties in respect of all copies to be made by him, at the rate fixed by the Appellate Board in this behalf: Provided that such sound recordings shall not be sold or issued in any form of packaging or with any cover or label which is likely to mislead or confuse the public as to their identity, and in particular shall not contain the name or depict in any way a ny performer of an earlier sound recording of the same work or any cinematograph film in which sound recording was incorporated and, further, shall state on the cover that it is a cover version made under this section.

Question: What does sub-section (1) of Section 31C provide?

Answer: Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work, where sound reco rdings of that work have been made by or with the licence or consent of the owner of the right in the work, may do so subject to the provisions of this section: Provided that such sound recording s shall be in the same medium as the las t recording, unless the medium of the last recording is no longer in current commercial use.


Question: Under Section 31C, what is stated in sub-section (2)?

Answer: The person making the sound recordings shall give prior notice of his intention to make the sound recordings in the manner as may be prescribed, and provide in advance copies of all covers or labels with which the sound recordings are to be sold, and pay in advance, to the owner of rights in each work royalties in respect of all copies to be made by him, at the rate fixed by the Appellate Board in this behalf: Provided that such sound recordings shall not be sold or issued in any form of packaging or with any cover or label which is likely to mislead or confuse the public as to their identity, and in particular shall not contain the name or depict in any way a ny performer of an earlier sound recording of the same work or any cinematograph film in which sound recording was incorporated and, further, shall state on the cover that it is a cover version made under this section.


Context: (3) The person making such sound reco rdings shall not make any alteration in the literary or musical work which has not been made previously by or with the consent of the owner of rights, or which is not technically necessary for the purpose of making the sound recordings: Provided that such sound recordings shall not be made until the expiration of five calendar years after the end of the year in which the first sound recordings of the work was made. (4) One royalty in respect of such sound recordings shall be paid for a minimum of fifty thou sand copies of each work during each calendar year in which copies of it are made: Provided that the Appellate Board may, by general order, fix a lower minimum in respect of works in a particular language or dialect having regard to the potential circulation of such works.

Question: What does Section 31C(3) say?

Answer: The person making such sound reco rdings shall not make any alteration in the literary or musical work which has not been made previously by or with the consent of the owner of rights, or which is not technically necessary for the purpose of making the sound recordings: Provided that such sound recordings shall not be made until the expiration of five calendar years after the end of the year in which the first sound recordings of the work was made.


Question: What does sub-section (4) of Section 31C provide?

Answer: One royalty in respect of such sound recordings shall be paid for a minimum of fifty thou sand copies of each work during each calendar year in which copies of it are made: Provided that the Appellate Board may, by general order, fix a lower minimum in respect of works in a particular language or dialect having regard to the potential circulation of such works.


Context: (5) The person making such sound recordings shall maintain such registers and books of account in respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording: Provided that if on a complaint brought before the Appellate Board to the effect that the owner of rights has not been paid in full for any sound reco rdings purporting to be made in pursuance of this section, the Appellate Board is, prima facie , satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies an d, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty. Explanation.—For the purpose s of this section “cover version” means a sound recording made in accordance with this section.

Question: Under Section 31C, what is stated in sub-section (5)?

Answer: The person making such sound recordings shall maintain such registers and books of account in respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording: Provided that if on a complaint brought before the Appellate Board to the effect that the owner of rights has not been paid in full for any sound reco rdings purporting to be made in pursuance of this section, the Appellate Board is, prima facie , satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies an d, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty. Explanation.—For the purpose s of this section “cover version” means a sound recording made in accordance with this section.


Section 53: Importation of infringing copies.

Context: (1) The owner of any right conferred by this act in respect of any work or any performance embodied in such work, or his duly authorised agent, may give notice in writing to be Commissioner of Customs, or to any other officer authori sed in this behalf by the Central Board of Excise and Customs, — (a) that he is the owner of the said right, with proof thereof, and (b) that he requests the Commissioner for a period specified in the notice, which shall not exceed one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected to arrive in India at a time and a place specified in the notice. (2) The Commissioner, after scrutiny of the evidence furnished by the owner of the right and on being satisfied may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibited goods that have been imported into India, excluding goods in transit: Provided that owner of the work deposits such amount as the Commissioner may require as security having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in case it is found that works are not infringing copies. (3) When any goods treated as prohibited under sub -section ( 2) have been detained, the Customs Officer detaining them shall inform the importer as well as the person who gave notice under sub-section (1) of the such goods within forty-eight hours of their detention. (4) The Customs Officer shall release the goods, and they shall not longer be treated as prohibited goods, if the person who gave notice under sub -section ( 1) does not produce any order from a court having jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the date of their detention.

Question: What does sub-section (1) of Section 53 provide?

Answer: The owner of any right conferred by this act in respect of any work or any performance embodied in such work, or his duly authorised agent, may give notice in writing to be Commissioner of Customs, or to any other officer authori sed in this behalf by the Central Board of Excise and Customs, — (a) that he is the owner of the said right, with proof thereof, and (b) that he requests the Commissioner for a period specified in the notice, which shall not exceed one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected to arrive in India at a time and a place specified in the notice.


Question: Under Section 53, what is stated in sub-section (2)?

Answer: The Commissioner, after scrutiny of the evidence furnished by the owner of the right and on being satisfied may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibited goods that have been imported into India, excluding goods in transit: Provided that owner of the work deposits such amount as the Commissioner may require as security having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in case it is found that works are not infringing copies.


Question: What does Section 53(3) say?

Answer: When any goods treated as prohibited under sub -section ( 2) have been detained, the Customs Officer detaining them shall inform the importer as well as the person who gave notice under sub-section (1) of the such goods within forty-eight hours of their detention.


Question: What does sub-section (4) of Section 53 provide?

Answer: The Customs Officer shall release the goods, and they shall not longer be treated as prohibited goods, if the person who gave notice under sub -section ( 1) does not produce any order from a court having jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the date of their detention.


Section 63A: Enhanced penalty on second and subsequent convictions.

Context: Whoever having already been convicted of an offence under section 63 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprison ment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that where the infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: Provided further that for the pu rposes of this section, no cognizance shall be taken of any conviction made before the commencement of the Copyright (Amendment) Act, 1984 (65 of 1984).

Question: What does Section 63A provide regarding enhanced penalty on second and subsequent convictions?

Answer: Whoever having already been convicted of an offence under section 63 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprison ment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that where the infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: Provided further that for the pu rposes of this section, no cognizance shall be taken of any conviction made before the commencement of the Copyright (Amendment) Act, 1984 (65 of 1984).


Section 65B: Protection of Rights Management Information.

Context: Any person, who knowingly, — (i) removes or alters any rights management information without authority, or (ii) distributes, imports for distribution, broadcasts or communicates to the public, without authority, copies of any work, or performance knowing that electronic rights management information has been removed or altered without authority, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine: Provided that if the rights management information has been tampered with in any work, the owner of copyright in such work may also avail of civil remedies provided u nder Chapter XII against the persons indulging in such acts.

Question: What does Section 65B provide regarding protection of rights management information?

Answer: Any person, who knowingly, — (i) removes or alters any rights management information without authority, or (ii) distributes, imports for distribution, broadcasts or communicates to the public, without authority, copies of any work, or performance knowing that electronic rights management information has been removed or altered without authority, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine: Provided that if the rights management information has been tampered with in any work, the owner of copyright in such work may also avail of civil remedies provided u nder Chapter XII against the persons indulging in such acts.


Section 73: Procedure for appeals.

Context: The High Court may make rules consistent wit h this Act as to the procedure to be followed in respect of appeals made to it under section 72.

Question: What does Section 73 provide regarding procedure for appeals?

Answer: The High Court may make rules consistent wit h this Act as to the procedure to be followed in respect of appeals made to it under section 72.


Section 42: Savings respecting disclosure to Government

Context: Nothing in this Act shall be held to prevent the disclosure by the Controller of information concerning an application for a patent or a specification filed in pursuance thereof to the Central Government for the purpose of the application or specification being examined for considering whether an order under this Chapter should be made or whether an order so made should be revoked. GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY

Question: What does Section 42 provide?

Answer: Nothing in this Act shall be held to prevent the disclosure by the Controller of information concerning an application for a patent or a specification filed in pursuance thereof to the Central Government for the purpose of the application or specification being examined for considering whether an order under this Chapter should be made or whether an order so made should be revoked. GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY


Question: What is stated in subsection (1) of Section 42?

Answer: Nothing in this Act shall be held to prevent the disclosure by the Controller of information concerning an application for a patent or a specification filed in pursuance thereof to the Central Government for the purpose of the application or specification being examined for considering whether an order under this Chapter should be made or whether an order so made should be revoked. GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY


Question: According to Section 42, what shall nothing in this act be?

Answer: held to prevent the disclosure by the Controller of information concerning an application for a patent or a specification filed in pursuance thereof to the Central Government for the purpose of the application or specification being examined for considering whether an order under this Chapter should be made or whether an order so made should be revoked


Section 43: Grant of patents

Context:
(1) Where an application for a patent has been found to be in order for grant of the patent and either—
(a) the application has not been refused by the Controller by virtue of any power vested in him by this Act; or
(b) the application has not been found to be in contravention of any of the provisions of this Act, the patent shall be granted as expeditiously as possible to the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the patent office and the date on which the patent is granted shall be entered in the register.
(2) On the grant of patent, the Controller shall publish the fact that the patent has been granted and thereupon the application, specification and other documents related thereto shall be open for public inspection.

Question: What does subsection (1) of Section 43 provide?

Answer: Where an application for a patent has been found to be in order for grant of the patent and either—


Section 43: Grant of patents

Question: According to clause (a) of Section 43, what is provided?

Answer: the application has not been refused by the Controller by virtue of any power vested in him by this Act; or


Section 43: Grant of patents

Question: What is laid down in clause (b) of Section 43?

Answer: the application has not been found to be in contravention of any of the provisions of this Act, the patent shall be granted as expeditiously as possible to the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the patent office and the date on which the patent is granted shall be entered in the register


Section 43: Grant of patents

Question: Under Section 43, what shall the application has not been found to be in contravention of any of the provisions of this act, the patent be?

Answer: granted as expeditiously as possible to the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the patent office and the date on which the patent is granted shall be entered in the register


Section 43: Grant of patents

Question: What is stated in subsection (2) of Section 43?

Answer: On the grant of patent, the Controller shall publish the fact that the patent has been granted and thereupon the application, specification and other documents related thereto shall be open for public inspection


Section 43: Grant of patents

Question: According to Section 43, what shall on the grant of patent, the controller shall publish the fact that the patent has been granted and thereupon the application, specification and other documents related thereto be?

Answer: open for public inspection


Section 63: Surrender of patents

Context:
(1) A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender his patent.
(2) Where such an offer is made, the Controller shall 2publish the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent.
(3) Any person interested may, within the prescribed period after 3such publication give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee.
(4) If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order revoke the patent.

Question: What is stated in subsection (1) of Section 63?

Answer: A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender his patent


Section 63: Surrender of patents

Question: According to subsection (2) of Section 63, what is provided?

Answer: Where such an offer is made, the Controller shall 2publish the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent


Section 63: Surrender of patents

Question: What does subsection (3) of Section 63 provide?

Answer: Any person interested may, within the prescribed period after 3such publication give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee


Section 63: Surrender of patents

Question: What is stated in subsection (4) of Section 63?

Answer: If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order revoke the patent


Section 66: Revocation of patent in public interest

Context: Where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked. REGISTER OF PATENTS

Question: What does Section 66 provide?

Answer: Where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked. REGISTER OF PATENTS


Question: What is stated in subsection (1) of Section 66?

Answer: Where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked. REGISTER OF PATENTS


Question: According to Section 66, what shall where the central government is of opinion that a patent or the mode in which it is exercised is mischievous to the state or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the official gazette and thereupon the patent be?

Answer: deemed to be revoked


Section 73: Controller and other officers

Context:
(1) The Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) of 4section 3 of the Trade Marks Act, 1999 (4 of 1999), shall be the Controller of Patents for the purposes of this Act.
(2) For the purposes of this Act, the Central Government may appoint as many examiners and other officers and with such designations as it thinks fit.
(3) Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time by general or special order in writing, authorise them to discharge.
(4) Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein withdraw any matter pending before an officer appointed under 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 appointed under sub-section (2) 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.

Question: What does subsection (1) of Section 73 provide?

Answer: The Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) of 4section 3 of the Trade Marks Act, 1999 (4 of 1999), shall be the Controller of Patents for the purposes of this Act


Question: In Section 73, what is the controller general of patents, designs and trade marks appointed under sub-section (1) of 4section 3 of the trade marks act, 1999 (4 of 1999) to be?

Answer: the Controller of Patents for the purposes of this Act


Question: According to subsection (2) of Section 73, what is provided?

Answer: For the purposes of this Act, the Central Government may appoint as many examiners and other officers and with such designations as it thinks fit


Question: What does subsection (3) of Section 73 provide?

Answer: Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time by general or special order in writing, authorise them to discharge


Question: What is stated in subsection (4) of Section 73?

Answer: Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein withdraw any matter pending before an officer appointed under 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 appointed under sub-section (2) 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


Section 77: Controller to have certain powers of a civil court

Context:
(1) Subject to any rules made in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;

Question: What does subsection (1) of Section 77 provide?

Answer: Subject to any rules made in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—


Question: According to clause (a) of Section 77, what is provided?

Answer: summoning and enforcing the attendance of any person and examining him on oath


Question: What is laid down in clause (b) of Section 77?

Answer: requiring the discovery and production of any document


Question: What does clause (c) of Section 77 state?

Answer: receiving evidence on affidavits


Context:
(d) issuing commissions for the examination of witnesses or documents;
(e) awarding costs;
(f) reviewing his own decision on application made within the prescribed time and in the prescribed manner;
(g) setting aside an order passed ex parte on application made within the prescribed time and in the prescribed manner;

Question: According to clause (d) of Section 77, what is provided?

Answer: issuing commissions for the examination of witnesses or documents


Question: What is laid down in clause (e) of Section 77?

Answer: awarding costs


Question: What does clause (f) of Section 77 state?

Answer: reviewing his own decision on application made within the prescribed time and in the prescribed manner


Question: According to clause (g) of Section 77, what is provided?

Answer: setting aside an order passed ex parte on application made within the prescribed time and in the prescribed manner


Context:
(h) any other matter which may be prescribed.
(2) Any order for costs awarded by the Controller in exercise of the powers conferred upon him under sub-section (1) shall be executable as a decree of a civil court.

Question: What is laid down in clause (h) of Section 77?

Answer: any other matter which may be prescribed


Question: Under Section 77, what shall any other matter which be?

Answer: prescribed


Question: What is stated in subsection (2) of Section 77?

Answer: Any order for costs awarded by the Controller in exercise of the powers conferred upon him under sub-section (1) shall be executable as a decree of a civil court


Question: According to Section 77, what shall any order for costs awarded by the controller in exercise of the powers conferred upon him under sub-section (1) be?

Answer: executable as a decree of a civil court


Section 91: Licensing of related patents

Context:
(1) Notwithstanding anything contained in the other provisions of this Chapter, at any time after the sealing of a patent, any person who has the right to work any other patented invention either as patentee or as licensee thereof, exclusive or otherwise, may apply to the Controller for the grant of a licence of the first-mentioned patent on the ground that he is prevented or hindered without such licence from working the other invention efficiently or to the best advantage possible.
(2) No order under sub-section (1) shall be made unless the Controller is satisfied—
(i) that the applicant is able and willing to grant, or procure the grant to the patentee and his licensees if they so desire, of a licence in respect of the other invention on reasonable terms; and
(ii) that the other invention has made a substantial contribution to the establishment or development of commercial or industrial activities in the territory of India.

Question: According to subsection (1) of Section 91, what is provided?

Answer: Notwithstanding anything contained in the other provisions of this Chapter, at any time after the sealing of a patent, any person who has the right to work any other patented invention either as patentee or as licensee thereof, exclusive or otherwise, may apply to the Controller for the grant of a licence of the first-mentioned patent on the ground that he is prevented or hindered without such licence from working the other invention efficiently or to the best advantage possible


Question: What does subsection (2) of Section 91 provide?

Answer: No order under sub-section (1) shall be made unless the Controller is satisfied—


Question: In Section 91, what is no order under sub-section (1) to be?

Answer: made unless the Controller is satisfied—


Question: What is laid down in clause (i) of Section 91?

Answer: that the applicant is able and willing to grant, or procure the grant to the patentee and his licensees if they so desire, of a licence in respect of the other invention on reasonable terms; and


Question: What does clause (ii) of Section 91 state?

Answer: that the other invention has made a substantial contribution to the establishment or development of commercial or industrial activities in the territory of India


Context:
(3) When the Controller is satisfied that the conditions mentioned in sub-section (1) have been established by the applicant, he may make an order on such terms as he thinks fit granting a licence under the first-mentioned patent and a similar order under the other patent if so requested by the proprietor of the first-mentioned patent or his licensee:
Provided that the licence granted by the Controller shall be non-assignable except with the assignment of the respective patents.
(4) The provisions of sections 87, 88, 8 and 90 shall apply to licences granted under this section as they apply to licences granted under section 84.

Question: What is stated in subsection (3) of Section 91?

Answer: When the Controller is satisfied that the conditions mentioned in sub-section (1) have been established by the applicant, he may make an order on such terms as he thinks fit granting a licence under the first-mentioned patent and a similar order under the other patent if so requested by the proprietor of the first-mentioned patent or his licensee:


Question: What is stated in the proviso to Section 91?

Answer: Provided that the licence granted by the Controller shall be non-assignable except with the assignment of the respective patents


Question: Under Section 91, what shall the licence granted by the controller be?

Answer: non-assignable except with the assignment of the respective patents


Question: What is stated in subsection (4) of Section 91?

Answer: The provisions of sections 87, 88, 8 and 90 shall apply to licences granted under this section as they apply to licences granted under section 84


Section 107: Defences, etc., in suit for infringement

Context:
(1) In any suit for infringement of a patent, every ground on which it may be revoked under section 64 shall be available as a ground for defence.
(2) In any suit for infringement of a patent by the making, using or importation of any machine, apparatus or other article or by the using of any process or by the importation, use or distribution of any medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47.

Question: What does subsection (1) of Section 107 provide?

Answer: In any suit for infringement of a patent, every ground on which it may be revoked under section 64 shall be available as a ground for defence


Question: In Section 107, what is in any suit for infringement of a patent, every ground on which it may be revoked under section 64 to be?

Answer: available as a ground for defence


Question: According to subsection (2) of Section 107, what is provided?

Answer: In any suit for infringement of a patent by the making, using or importation of any machine, apparatus or other article or by the using of any process or by the importation, use or distribution of any medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47


Question: Under Section 107, what shall in any suit for infringement of a patent by the making, using or importation of any machine, apparatus or other article or by the using of any process or by the importation, use or distribution of any medicine or drug, it be?

Answer: a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47


Section 118: Contravention of Secrecy provisions relating to certain inventions

Context: If any person fails to comply with any direction given under section 35 2or makes or causes to be made an application for the grant of a patent in contravention of section 39, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

Question: What does Section 118 provide?

Answer: If any person fails to comply with any direction given under section 35 2or makes or causes to be made an application for the grant of a patent in contravention of section 39, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both


Question: What is stated in subsection (1) of Section 118?

Answer: If any person fails to comply with any direction given under section 35 2or makes or causes to be made an application for the grant of a patent in contravention of section 39, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both


Question: According to Section 118, what shall if any person fails to comply with any direction given under section 35 2or makes or causes to be made an application for the grant of a patent in contravention of section 39, he be?

Answer: punishable with imprisonment for a term which may extend to two years, or with fine, or with both


Section 119: Falsification of entries in register, etc

Context: If any person makes, or causes to be made, a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both.

Question: What does Section 119 provide?

Answer: If any person makes, or causes to be made, a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both


Question: What does subsection (1) of Section 119 provide?

Answer: If any person makes, or causes to be made, a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both


Question: In Section 119, what is if any person makes, or causes to be made, a false entry in any register kept under this act, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing knowing the entry or writing to be false, he to be?

Answer: punishable with imprisonment for a term which may extend to two years, or with fine or with both


Section 125: Register of patent agents

Context:
(1) The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names, addresses and other relevant particulars, as may be prescribed, of all persons qualified to have their names so entered under section 126.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patent agents in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed.

Question: What does subsection (1) of Section 125 provide?

Answer: The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names, addresses and other relevant particulars, as may be prescribed, of all persons qualified to have their names so entered under section 126


Section 125: Register of patent agents

Question: In Section 125, what is the controller shall maintain a register to be called the register of patent agents in which to be?

Answer: entered the names, addresses and other relevant particulars, as may be prescribed, of all persons qualified to have their names so entered under section 126


Section 125: Register of patent agents

Question: According to subsection (2) of Section 125, what is provided?

Answer: Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patent agents in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed


Section 125: Register of patent agents

Question: Under Section 125, what shall notwithstanding anything contained in sub-section (1), it be?

Answer: lawful for the Controller to keep the register of patent agents in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed


Section 128: Subscription and verification of certain documents by patent agents

Context: (1) all applications and communications to the Controller under this Act may be signed by a patent agent authorised in writing in this behalf by the person concerned.

Question: According to subsection (1) of Section 128, what is provided?

Answer: all applications and communications to the Controller under this Act may be signed by a patent agent authorised in writing in this behalf by the person concerned


Question: Under Section 128, what shall all applications and communications to the controller under this act be?

Answer: signed by a patent agent authorised in writing in this behalf by the person concerned


Section 133: Convention countries

Context: Any country, which is a signatory or party or a group of countries, union of countries or inter-governmental organisations which are signatories or parties to an international, regional or bi-lateral treaty, convention or arrangement to which India is also a signatory or party and which affords to the applicants for patents in India or to citizens of India similar privileges as are granted to their own citizens or citizens to their member countries in respect of the grant of patents and protection of patent rights shall be a convention country or convention countries for the purposes of this Act.

Question: What is stated in subsection (1) of Section 133?

Answer: Any country, which is a signatory or party or a group of countries, union of countries or inter-governmental organisations which are signatories or parties to an international, regional or bi-lateral treaty, convention or arrangement to which India is also a signatory or party and which affords to the applicants for patents in India or to citizens of India similar privileges as are granted to their own citizens or citizens to their member countries in respect of the grant of patents and protection of patent rights shall be a convention country or convention countries for the purposes of this Act


Section 133: Convention countries

Question: According to Section 133, what shall any country, which is a signatory or party or a group of countries, union of countries or inter-governmental organisations which are signatories or parties to an international, regional or bi-lateral treaty, convention or arrangement to which india is also a signatory or party and which affords to the applicants for patents in india or to citizens of india similar privileges as are granted to their own citizens or citizens to their member countries in respect of the grant of patents and protection of patent rights be?

Answer: a convention country or convention countries for the purposes of this Act


Section 143: Restrictions upon publication of specification

Context: Subject to the provisions of Chapter VII, an application for a patent, and any specification file in pursuance thereof, shall not, except with the consent of the applicant, be published by the Controller before the expiration of the period prescribed under sub-section (1) of section 11A or before the same is open to public inspection in pursuance of sub-section (3) of section 11A or section 43.

Question: What does Section 143 provide?

Answer: Subject to the provisions of Chapter VII, an application for a patent, and any specification file in pursuance thereof, shall not, except with the consent of the applicant, be published by the Controller before the expiration of the period prescribed under sub-section (1) of section 11A or before the same is open to public inspection in pursuance of sub-section (3) of section 11A or section 43


Question: What does subsection (1) of Section 143 provide?

Answer: Subject to the provisions of Chapter VII, an application for a patent, and any specification file in pursuance thereof, shall not, except with the consent of the applicant, be published by the Controller before the expiration of the period prescribed under sub-section (1) of section 11A or before the same is open to public inspection in pursuance of sub-section (3) of section 11A or section 43


Section 154: Loss or destruction of Patents

Context: If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Controller, the Controller may at any time, on application made in

Question: What does Section 154 provide?

Answer: If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Controller, the Controller may at any time, on application made in


Question: What does subsection (1) of Section 154 provide?

Answer: If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Controller, the Controller may at any time, on application made in


Section 162: Repeal of Act 2 of 1 in so far as it relates to patents and savings

Context:
(1) The Indian Patents and Designs Act, 1911, in so far as it relates to patents, is hereby repealed, that is to say, the said Act shall be amended in the manner specified in the Schedule.
(4) The mention of particular matters in this section shall not prejudice the general application of the General Clauses Act, 1897 (1 of 1897), with respect to repeals.
(5) Notwithstanding anything contained in this Act, any suit for infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this Act, may be continued and disposed of, as if this Act had not been passed.

Question: What is stated in subsection (1) of Section 162?

Answer: The Indian Patents and Designs Act, 1911, in so far as it relates to patents, is hereby repealed, that is to say, the said Act shall be amended in the manner specified in the Schedule


Question: According to Section 162, what shall the indian patents and designs act, 1911, in so far as it relates to patents, is hereby repealed, that is to say, the said act be?

Answer: amended in the manner specified in the Schedule


Question: What does subsection (4) of Section 162 provide?

Answer: The mention of particular matters in this section shall not prejudice the general application of the General Clauses Act, 1897 (1 of 1897), with respect to repeals


Question: What is stated in subsection (5) of Section 162?

Answer: Notwithstanding anything contained in this Act, any suit for infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this Act, may be continued and disposed of, as if this Act had not been passed


Question: According to Section 162, what shall notwithstanding anything contained in this act, any suit for infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this act be?

Answer: continued and disposed of, as if this Act had not been passed


Section 15: Registration of parts of trade marks and of trade marks as a s eries

Context:
(1) Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and the part as separate trade marks. (2) Each such separate trade mark shall satisfy all the conditions applying to and have all the incidents of, an independent trade mark. (3) Where a person claiming to be the proprietor of several trade marks in respect of the same or similar goods or services or description of goods or description of services, which, while resembling each other in the material particulars thereof, yet differ in respect of—
(a) statement of the goods or services in relation to which they are respectively used or proposed to be used; or
(b) statement of number, price, quality or names of places; or
(c) other matter of a non -distinctive character which does not substantially affect the identity of the trade mark; or
(d) colour, seeks to register those trade marks, they may be registered as a series in one registration.

Question: What does clause (a) of Section 15 state?

Answer: statement of the goods or services in relation to which they are respectively used or proposed to be used


Question: Under Section 15 (Registration of parts of trade marks and of trade marks as a s eries), what is provided in clause (a)?

Answer: statement of the goods or services in relation to which they are respectively used or proposed to be used


Question: Under Section 15 (Registration of parts of trade marks and of trade marks as a s eries), what is provided in clause (b)?

Answer: statement of number, price, quality or names of places


Question: What is laid down in clause (b) of Section 15?

Answer: statement of number, price, quality or names of places


Question: What is laid down in clause (c) of Section 15?

Answer: other matter of a non -distinctive character which does not substantially affect the identity of the trade mark


Question: In Section 15, what does clause (c) say?

Answer: other matter of a non -distinctive character which does not substantially affect the identity of the trade mark


Question: In Section 15, what does clause (d) say?

Answer: colour, seeks to register those trade marks, they may be registered as a series in one registration.


Question: What does clause (d) of Section 15 state?

Answer: colour, seeks to register those trade marks, they may be registered as a series in one registration.


Section 17: Effect of registration of parts of a mark

Context:
(1) When a trade mark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark taken as a whole. (2) Notwithstanding anything contained in sub-section (1), when a trade mark—
(a) contains any part—
(i) which is not the subject of a separate application by the proprietor for r egistration as a trade mark; or
(ii) which is not separately registered by the proprietor as a trade mark; or
(b) contains any matter which is common to the trade or is otherwise of a non -distinctive character, the registration thereof shall not confer any exclusive right i n the matter forming only a part of the whole of the trade mark so registered.

Question: What does clause (a) of Section 17 state?

Answer: contains any part—


Question: Under Section 17 (Effect of registration of parts of a mark), what is provided in clause (a)?

Answer: contains any part—


Question: Under Section 17 (Effect of registration of parts of a mark), what is provided in clause (i)?

Answer: which is not the subject of a separate application by the proprietor for r egistration as a trade mark


Question: What is laid down in clause (i) of Section 17?

Answer: which is not the subject of a separate application by the proprietor for r egistration as a trade mark


Question: What is laid down in clause (ii) of Section 17?

Answer: which is not separately registered by the proprietor as a trade mark


Question: In Section 17, what does clause (ii) say?

Answer: which is not separately registered by the proprietor as a trade mark


Question: In Section 17, what does clause (b) say?

Answer: contains any matter which is common to the trade or is otherwise of a non -distinctive character, the registration thereof shall not confer any exclusive right i n the matter forming only a part of the whole of the trade mark so registered.


Question: What does clause (b) of Section 17 state?

Answer: contains any matter which is common to the trade or is otherwise of a non -distinctive character, the registration thereof shall not confer any exclusive right i n the matter forming only a part of the whole of the trade mark so registered.


Section 26: Effect of removal from register for failure to pay fee for renewal

Context: Where a trade mark has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year, next after the date of the removal, be deemed to be a trade mark already on the register, unless the Registrar or the High Court, as the case may be is satisfied either— (a) that there has been no bona fide trade use of the trade mark which has been removed during the two years immediately preceding its removal; or (b) that no deception or confusion would be likely to arise from the use of the trade mark which is the subject of the application for registration by reason of any previous use of the trade mark which has been removed.

Question: What does Section 26 state about effect of removal from register for failure to pay fee for renewal?

Answer: Where a trade mark has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year, next after the date of the removal, be deemed to be a trade mark already on the register, unless the


Question: Under Section 26, what is provided regarding effect of removal from register for failure to pay fee for renewal?

Answer: Where a trade mark has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year, next after the date of the removal, be deemed to be a trade mark already on the register, unless the


Section 27: No action for infringem ent of unregistered trade mark

Context:
(1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark.
(2) Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods or servi ces as the goods of another person or as services provided by another person, or t he remedies in respect thereof.

Question: What does sub-section (1) of Section 27 state?

Answer: No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark.


Question: Under Section 27 (No action for infringem ent of unregistered trade mark), what is provided in sub-section (1)?

Answer: No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark.


Question: Under Section 27 (No action for infringem ent of unregistered trade mark), what is provided in sub-section (2)?

Answer: Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods or servi ces as the goods of another person or as services provided by another person, or t he remedies in respect thereof.


Question: What is laid down in sub-section (2) of Section 27?

Answer: Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods or servi ces as the goods of another person or as services provided by another person, or t he remedies in respect thereof.


Section 33: Effect of acquiescence

Context:
(1) Where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use, he shall no longer be entitled on the basis of that earlier trade mark— (a) to apply for a declaration that the registration of the later trade mark is invalid, or (b) to oppose the use of the later trade mark in relation to the goods or services in relatio n to which it has been so used, unless the registration of the later trade mark was not applied in good faith.
(2) Where sub-section
(1) applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark, or as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark may no longer be invoked against his later trade mark.

Question: What does sub-section (1) of Section 33 state?

Answer: Where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use, he shall no longer be entitled on the basis of that earlier trade mark— (a) to apply for a declaration that the registration of the later trade mark is


Section 33: Effect of acquiescence

Question: Under Section 33 (Effect of acquiescence), what is provided in sub-section (1)?

Answer: Where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use, he shall no longer be entitled on the basis of that earlier trade mark— (a) to apply for a declaration that the registration of the later trade mark is


Section 33: Effect of acquiescence

Question: Under Section 33 (Effect of acquiescence), what is provided in sub-section (2)?

Answer: Where sub-section


Section 33: Effect of acquiescence

Question: What is laid down in sub-section (2) of Section 33?

Answer: Where sub-section


Section 33: Effect of acquiescence

Question: What is laid down in sub-section (1) of Section 33?

Answer: applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark, or as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark may no longer be invoked against his later trade mark.


Section 33: Effect of acquiescence

Question: In Section 33, what does sub-section (1) say?

Answer: applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark, or as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark may no longer be invoked against his later trade mark.


Section 105: Enhanced penalty on second or subseq uent conviction

Context: Whoever having already been convicted of an offence under section 103 or section 104 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reason to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this Act.

Question: What does Section 105 state about enhanced penalty on second or subseq uent conviction?

Answer: Whoever having already been convicted of an offence under section 103 or section 104 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which


Question: Under Section 105, what is provided regarding enhanced penalty on second or subseq uent conviction?

Answer: Whoever having already been convicted of an offence under section 103 or section 104 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which


Section 106: [Penalty for removing piece goods, etc

Context: , contrary to section 81 .—Omitted by The Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s. 2 and Schedule (w.e.f. 1-8-2024).

Question: What does Section 106 state about [Penalty for removing piece goods, etc?

Answer: , contrary to section 81 .—Omitted by The Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s.


Question: Under Section 106, what is provided regarding [Penalty for removing piece goods, etc?

Answer: , contrary to section 81 .—Omitted by The Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s.


Section 110: No offence in certain cases

Context: The provision s of sections 102, 103, 104 and 105 shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created or recognised by this Act and no act or omission shall be deemed to be an offence under the aforesaid sections if,— (a) the alleged offence relates to a registered trade mark and the act or omiss ion is permitted under this Act; and (b) the alleged offence relates to a registered or an unregistered trade mark and the act or omission is permitted under any other law for the time being in force.

Question: What does Section 110 state about no offence in certain cases?

Answer: The provision s of sections 102, 103, 104 and 105 shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created or recognised by this Act and no act or omission shall be deemed to be an offence under the aforesaid sections if,— (a) the alleged offence relates to a


Question: Under Section 110, what is provided regarding no offence in certain cases?

Answer: The provision s of sections 102, 103, 104 and 105 shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created or recognised by this Act and no act or omission shall be deemed to be an offence under the aforesaid sections if,— (a) the alleged offence relates to a


Section 111: Forfeiture of goods

Context:
(1) Where a person is convicted of an offence under section 103 or section 104 or section 105 or is acquitted of an offence under section 103 or section 104 on proof that he acted without intent to def raud, or under section 104 on proof of the matters specified in clause ( a), clause (b) or clause ( c) of that section, the court convicting or acquitting him may direct the forfeiture to Government of all goods and things by means of, or in relation to, which the offence has been committed, or but for such proof as aforesaid would have been committed.
(2) When a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also.
(3) When a forfeiture is directed on acquittal and the goods or things to which the direction relates are of value exceeding fifty rupees, an appeal against the forfeiture may be preferred, within thirty days from the date of the direction, to the court to which in appe alable cases appeals lie from sentences of the court which directed the forfeiture.
(4) When a forfeiture is directed on a conviction, the court, before whom the person is convicted, may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.

Question: What does sub-section (1) of Section 111 state?

Answer: Where a person is convicted of an offence under section 103 or section 104 or section 105 or is acquitted of an offence under section 103 or section 104 on proof that he acted without intent to def raud, or under section 104 on proof of the matters specified in clause ( a), clause (b) or clause ( c) of that section,


Section 111: Forfeiture of goods

Question: Under Section 111 (Forfeiture of goods), what is provided in sub-section (1)?

Answer: Where a person is convicted of an offence under section 103 or section 104 or section 105 or is acquitted of an offence under section 103 or section 104 on proof that he acted without intent to def raud, or under section 104 on proof of the matters specified in clause ( a), clause (b) or clause ( c) of that section,


Section 111: Forfeiture of goods

Question: Under Section 111 (Forfeiture of goods), what is provided in sub-section (2)?

Answer: When a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also.


Section 111: Forfeiture of goods

Question: What is laid down in sub-section (2) of Section 111?

Answer: When a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also.


Section 111: Forfeiture of goods

Question: What is laid down in sub-section (3) of Section 111?

Answer: When a forfeiture is directed on acquittal and the goods or things to which the direction relates are of value exceeding fifty rupees, an appeal against the forfeiture may be preferred, within thirty days from the date of the direction, to the court to which in appe alable cases appeals lie from sentences of the court


Section 111: Forfeiture of goods

Question: In Section 111, what does sub-section (3) say?

Answer: When a forfeiture is directed on acquittal and the goods or things to which the direction relates are of value exceeding fifty rupees, an appeal against the forfeiture may be preferred, within thirty days from the date of the direction, to the court to which in appe alable cases appeals lie from sentences of the court


Section 111: Forfeiture of goods

Question: In Section 111, what does sub-section (4) say?

Answer: When a forfeiture is directed on a conviction, the court, before whom the person is convicted, may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.


Section 111: Forfeiture of goods

Question: What does sub-section (4) of Section 111 state?

Answer: When a forfeiture is directed on a conviction, the court, before whom the person is convicted, may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.


Section 123: Certain persons to be public servants

Context:
Every person appointed und er this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 124. Stay of proceedings where the validity of registration of the trade mark is questioned, etc.—(1) Where in any suit for infringement of a trade mark—
(a) the defendant pleads that registration of the plaintiff’s trade mark is invalid; or
(b) the defendant raises a defence under clause ( e) of sub -section ( 2) of section 30 and the plaintiff pleads the invalidity of registration of the defendant’s trade mark, the court trying the suit (hereinafter referred to as the court), shall,—
(i) if any proceedings for rectification of the register in relation to the plaintiff’s or defendant’s trade mark are pending before the Registrar or the High Court , stay the suit pending the final disposal of such proceedings;

Question: What does clause (a) of Section 123 state?

Answer: the defendant pleads that registration of the plaintiff’s trade mark is invalid


Question: Under Section 123 (Certain persons to be public servants), what is provided in clause (a)?

Answer: the defendant pleads that registration of the plaintiff’s trade mark is invalid


Question: Under Section 123 (Certain persons to be public servants), what is provided in clause (b)?

Answer: the defendant raises a defence under clause ( e) of sub -section ( 2) of section 30 and the plaintiff pleads the invalidity of registration of the defendant’s trade mark, the court trying the suit (hereinafter referred to as the court), shall,—


Question: What is laid down in clause (b) of Section 123?

Answer: the defendant raises a defence under clause ( e) of sub -section ( 2) of section 30 and the plaintiff pleads the invalidity of registration of the defendant’s trade mark, the court trying the suit (hereinafter referred to as the court), shall,—


Question: What is laid down in clause (i) of Section 123?

Answer: if any proceedings for rectification of the register in relation to the plaintiff’s or defendant’s trade mark are pending before the Registrar or the High Court , stay the suit pending the final disposal of such proceedings;


Question: In Section 123, what does clause (i) say?

Answer: if any proceedings for rectification of the register in relation to the plaintiff’s or defendant’s trade mark are pending before the Registrar or the High Court , stay the suit pending the final disposal of such proceedings;


Context:
Every person appointed und er this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 124. Stay of proceedings where the validity of registration of the trade mark is questioned, etc.—(1) Where in any suit for infringement of a trade mark—
(ii) if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the plaintiff’s or defendant’s trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the High Court for rectification of the register. (2) If the party concerned proves to the court that he has made any such application as is referred to in clause (b)

Question: In Section 123, what does clause (ii) say?

Answer: if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the plaintiff’s or defendant’s trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in


Question: What does clause (ii) of Section 123 state?

Answer: if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the plaintiff’s or defendant’s trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in


Context:
Every person appointed und er this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 124. Stay of proceedings where the validity of registration of the trade mark is questioned, etc.—(1) Where in any suit for infringement of a trade mark—
(ii) of sub -section ( 1) within the time specified therein or within such extended time as the court may for sufficient cause allow, the tria l of the suit shall stand stayed until the final disposal of the rectification proceedings. (3) If no such application as aforesaid has been made within the time so specified or within such extended time as the court may allow, the issue as to the validit y of the registration of the trade mark concerned shall be deemed to have been abandoned and the court shall proceed with the suit in regard to the other issues in the case. (4) The final order made in any rectification proceedings referred to in sub -section ( 1) or sub-section (2) shall be binding upon the parties and the court shall dispose of the suit conformably to such order in so far as it relates to the issue as to the validity of the registration of the trade mark. (5) The stay of a s uit for the infringement of a trade mark under this section shall not preclude the court from making any interlocutory order (including any order granting an injunction, directing account to be kept, appointing a receiver or attaching any property), during the period of the stay of the suit.

Question: What does clause (ii) of Section 123 state?

Answer: of sub -section ( 1) within the time specified therein or within such extended time as the court may for sufficient cause allow, the tria l of the suit shall stand stayed until the final disposal of the rectification proceedings.


Question: Under Section 123 (Certain persons to be public servants), what is provided in clause (ii)?

Answer: of sub -section ( 1) within the time specified therein or within such extended time as the court may for sufficient cause allow, the tria l of the suit shall stand stayed until the final disposal of the rectification proceedings.


Section 126: Implied warranty on sale of marked goods

Context: Where a mark or a trade mark or trade description has been applied to the goods on sale or in the contract for sale of any goods or in relation to any service, the seller shall be deemed to warrant that the mark is a genuine mark and not falsely applied, or t hat the trade description is not a false trade description within the meaning of this Act unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of goods or providing of services on contract to and accepted by the buyer.

Question: What does Section 126 state about implied warranty on sale of marked goods?

Answer: Where a mark or a trade mark or trade description has been applied to the goods on sale or in the contract for sale of any goods or in relation to any service, the seller shall be deemed to warrant that the mark is a genuine mark and not falsely applied, or t hat the trade description is not a false trade description


Question: Under Section 126, what is provided regarding implied warranty on sale of marked goods?

Answer: Where a mark or a trade mark or trade description has been applied to the goods on sale or in the contract for sale of any goods or in relation to any service, the seller shall be deemed to warrant that the mark is a genuine mark and not falsely applied, or t hat the trade description is not a false trade description


Section 131: Extension of time

Context:
(1) If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in this Act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly.
(2) Nothing in sub -section ( 1) shall be deemed to require the Registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the Registrar under this section.

Question: What does sub-section (1) of Section 131 state?

Answer: If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in this Act), whether the time so specified has expired or not, he may, subject to such


Section 131: Extension of time

Question: Under Section 131 (Extension of time), what is provided in sub-section (1)?

Answer: If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in this Act), whether the time so specified has expired or not, he may, subject to such


Section 131: Extension of time

Question: Under Section 131 (Extension of time), what is provided in sub-section (2)?

Answer: Nothing in sub -section ( 1) shall be deemed to require the Registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the Registrar under this section.


Section 131: Extension of time

Question: What is laid down in sub-section (2) of Section 131?

Answer: Nothing in sub -section ( 1) shall be deemed to require the Registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the Registrar under this section.


Section 140: Power to require information of imported goods bearing false trade marks

Context:
(1) The proprietor or a licensee of a registered trade mark may give notice in writing to the Collector of Customs to prohibit the importation of any go ods if the import of the said goods constitute infringement under clause (c) of sub-section
(6) of section 29.
(2) Where goods, which are prohibited to be imported into India by notification of the Central Government under clause (n) of sub-section
(2) of section 11 of the Customs Act, 1962 (52 of 1962), for the protection of trade marks, and are liable to confiscation on importation under that Act, are imported into India, the Commissioner of Customs if, upon representation made to him, he has reason to be lieve that the trade mark complained of is used as a false trade mark, may require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and 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.
(3) The importer or his agent shall, within fourteen days, comply with the requirement as aforesaid, and if he fails to do so, he shall be liable to penalty of ten thousand rupees: Provided that the penalty under this section shall be levied and recovered by such authority under the Customs Act, 1962 (52 of 1962) for this purpose.

Question: What does sub-section (1) of Section 140 state?

Answer: The proprietor or a licensee of a registered trade mark may give notice in writing to the Collector of Customs to prohibit the importation of any go ods if the import of the said goods constitute infringement under clause (c) of sub-section


Question: Under Section 140 (Power to require information of imported goods bearing false trade marks), what is provided in sub-section (1)?

Answer: The proprietor or a licensee of a registered trade mark may give notice in writing to the Collector of Customs to prohibit the importation of any go ods if the import of the said goods constitute infringement under clause (c) of sub-section


Question: Under Section 140 (Power to require information of imported goods bearing false trade marks), what is provided in sub-section (6)?

Answer: of section 29.


Question: What is laid down in sub-section (6) of Section 140?

Answer: of section 29.


Question: What is laid down in sub-section (2) of Section 140?

Answer: Where goods, which are prohibited to be imported into India by notification of the Central Government under clause (n) of sub-section


Question: In Section 140, what does sub-section (2) say?

Answer: Where goods, which are prohibited to be imported into India by notification of the Central Government under clause (n) of sub-section


Question: In Section 140, what does sub-section (2) say?

Answer: of section 11 of the Customs Act, 1962 (52 of 1962), for the protection of trade marks, and are liable to confiscation on importation under that Act, are imported into India, the Commissioner of Customs if, upon representation made to him, he has reason to be lieve that the trade mark complained of is used as a false


Question: What does sub-section (2) of Section 140 state?

Answer: of section 11 of the Customs Act, 1962 (52 of 1962), for the protection of trade marks, and are liable to confiscation on importation under that Act, are imported into India, the Commissioner of Customs if, upon representation made to him, he has reason to be lieve that the trade mark complained of is used as a false


Question: What does sub-section (3) of Section 140 state?

Answer: The importer or his agent shall, within fourteen days, comply with the requirement as aforesaid, and if he fails to do so, he shall be liable to penalty of ten thousand rupees


Question: Under Section 140 (Power to require information of imported goods bearing false trade marks), what is provided in sub-section (3)?

Answer: The importer or his agent shall, within fourteen days, comply with the requirement as aforesaid, and if he fails to do so, he shall be liable to penalty of ten thousand rupees


Context: (4) Any information obtained from the importer of the go ods or his agent under this section may be communicated by the Commissioner of Customs to the registered proprietor or registered user of the trade mark which is alleged to have been used as a false trade mark.

Question: Under Section 140 (Power to require information of imported goods bearing false trade marks), what is provided in sub-section (4)?

Answer: Any information obtained from the importer of the go ods or his agent under this section may be communicated by the Commissioner of Customs to the registered proprietor or registered user of the trade mark which is alleged to have been used as a false trade mark.


Question: What is laid down in sub-section (4) of Section 140?

Answer: Any information obtained from the importer of the go ods or his agent under this section may be communicated by the Commissioner of Customs to the registered proprietor or registered user of the trade mark which is alleged to have been used as a false trade mark.


Section 153: Government to be bound

Context:
The provisions of this Act shall be binding on the Government. 154. Special provisions relating to applications for registration from citizens of convention countries.—(1) With a view to the fulfil ment of a treaty, convention or arrangement with any country or country which is a member of a group of countri es or union of countries or Inter -Governmental Organisation outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country or group of countries or union of countries or Inter -Governmental Organisation to be a convention country or group of countries or union of countries or Inter -Governmental Organisation, as the case may be, for the purposes of this Act.
(2) Where a person has mad e an application for the registration of a trade mark in a convention country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisation and that person, or his legal representative or assignee, makes an a pplication for the registration of the trade mark in India within six months after the date on which the application was made in the convention country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisations, the trade mark shall, if registered under this Act, be registered as of the date on which the application was made in the convention country or country which is a member of a group of countries or union of countries or Inter -Governmental Organi sation and that date shall be deemed for the purposes of this Act to be the date of registration.

Question: What does sub-section (2) of Section 153 state?

Answer: Where a person has mad e an application for the registration of a trade mark in a convention country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisation and that person, or his legal representative or assignee, makes an a pplication for the registration of the


Section 153: Government to be bound

Question: Under Section 153 (Government to be bound), what is provided in sub-section (2)?

Answer: Where a person has mad e an application for the registration of a trade mark in a convention country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisation and that person, or his legal representative or assignee, makes an a pplication for the registration of the


Section 153: Government to be bound

Context:
The provisions of this Act shall be binding on the Government. 154. Special provisions relating to applications for registration from citizens of convention countries.—(1) With a view to the fulfil ment of a treaty, convention or arrangement with any country or country which is a member of a group of countri es or union of countries or Inter -Governmental Organisation outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country or group of countries or union of countries or Inter -Governmental Organisation to be a convention country or group of countries or union of countries or Inter -Governmental Organisation, as the case may be, for the purposes of this Act.
(3) Where applications have been made for the registration of a trade mark in two or more convention countries or country which are members of group of countries or union of countries or Inter-Governmental Organisation, the period of six months referred to in the last preceding sub -section shall be reckoned from the date on which the earlier or earliest of those applications was made.
(4) Nothing in this Act shall entitle the proprietor of a trade mark to recover damages for infringement which took place prior to the date of application for registration under this Act.

Question: Under Section 153 (Government to be bound), what is provided in sub-section (3)?

Answer: Where applications have been made for the registration of a trade mark in two or more convention countries or country which are members of group of countries or union of countries or Inter-Governmental Organisation, the period of six months referred to in the last preceding sub -section shall be reckoned from the date


Section 153: Government to be bound

Question: What is laid down in sub-section (3) of Section 153?

Answer: Where applications have been made for the registration of a trade mark in two or more convention countries or country which are members of group of countries or union of countries or Inter-Governmental Organisation, the period of six months referred to in the last preceding sub -section shall be reckoned from the date


Section 153: Government to be bound

Question: What is laid down in sub-section (4) of Section 153?

Answer: Nothing in this Act shall entitle the proprietor of a trade mark to recover damages for infringement which took place prior to the date of application for registration under this Act.


Section 153: Government to be bound

Question: In Section 153, what does sub-section (4) say?

Answer: Nothing in this Act shall entitle the proprietor of a trade mark to recover damages for infringement which took place prior to the date of application for registration under this Act.