The Jan Vishwas Act 2023 Advances Trust-Based Governance and Simplifies Penalties by Decriminalizing Minor Offenses in IP Laws
The Jan Vishwas (Amendment of Provisions) Act, 2023 aims to enhance ease of living and doing business by decriminalizing minor offences and rationalizing penalties across 42 Central Acts. By amending provisions, the Act seeks to reduce the compliance, eliminate the fear of imprisonment for minor infractions, and promote trust-based governance.
The amendments to the Trade Marks Act, has undergone several amendments to simplify and adjust the penalties and procedures related to trademark violations. First, Section 106, which previously dealt with certain penalties, has been removed. In Section 107, the previous imprisonment or fines for trademark offences have been replaced with a penalty that is either 0.5% of a person's total sales or turnover (as per audited accounts) or up to five lakh rupees, whichever is less. Sections 108 and 109 have also been omitted. A new Section 112A has been introduced to allow the Registrar to appoint an officer to adjudicate penalties, who will conduct inquiries and impose fines after giving a fair hearing. Affected parties can appeal the decisions to a higher authority within sixty days, with the possibility of extension if justified. Failure to comply with these orders within ninety days will result in additional fines or imprisonment. Lastly, Section 140 has been updated to impose a penalty of ten thousand rupees on importers who do not comply with certain requirements within fourteen days, with the penalty collected under the Customs Act. Section 157 has been revised to include new clauses related to the inquiry process and appeals.
The amendments to the Patents Act, introduce changes to the penalties and procedures for patent violations. Section 120 now imposes a penalty up to ten lakh rupees for certain offences, with an additional daily fine for ongoing infractions. Section 122 revises penalties for continuing refusals or failures, setting fines based on a percentage of sales or turnover, or up to five crore rupees. Sections 123, 24, and 25 have been updated or replaced, imposing higher fines for defaults and violations, and establishing new penalties for obstructing authority members or failing to produce records. New Sections 124A and 124B set up a formal adjudication process, allowing the Controller to appoint officers to impose penalties, with appeals to a higher authority within sixty days. Section 25A introduces a new process for adjudicating and appealing penalties, with non-compliance resulting in additional fines or imprisonment. Overall, these amendments aim to enhance enforcement, clarify procedures, and ensure that penalties are proportionate to the severity of the violations.
The amendments to the Geographical Indications Act introduce several key changes to improve penalty adjudication and streamline appeals. New Section 37A allows the Registrar to appoint an adjudicating officer to manage inquiries and impose penalties, ensuring a fair process with a reasonable opportunity for the parties to present their case. Section 37B outlines the appeal process: individuals dissatisfied with an adjudicating officer's decision can appeal to a higher authority within sixty days, with possible extensions if justified. Failure to comply with the orders within ninety days may result in additional fines or imprisonment. Section 42 revises penalties, replacing imprisonment or fines with penalties based on a percentage of sales or turnover, or up to five lakh rupees. Sections 43 and 44 are omitted, simplifying the Act. Finally, Section 87 is updated to include new clauses detailing procedures for holding inquiries and handling appeals, ensuring clarity and consistency in the enforcement of penalties and the appeals process.
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