Bare Act Search Results

Trade Marks Act, 1999 Complete Act

State: Central

Year: 1999

TRADE MARKS ACT, 1999 TRADE MARKS ACT, 1999 47 of 1999 An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Trade Marks Act, 1999. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 02: DEFINITIONS AND INTERPRETATION (1) In this Act, unless the context otherwise requires, - (a) "Appellate Board" means the Appellate Board established under section 83-; (b) "assignment" means an assignment in writing by act of the parties concerned; (c) "associated trade marks" means trade marks deemed to be, or.....

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

State: Central

Year: 1999

.....expressions used and not defined in this Act but defined in the Trade Marks Act, 1999shall have the meanings respectively assigned to them in that Act. (3) In this Act, unless the context otherwise requires, any reference- (a) to the use of a geographical indication shall be construed as a reference to the use of a printed or other visual representation of the geographical indication; (b) to the use of a geographical indication in relation to goods shall be construed as a reference to the use of the geographical indication upon, or in any physical or in any other relation whatsoever, to such goods; (c) to a registered geographical indication shall be construed as including a reference to a geographical indication registered in the register; (d) to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3-; (e) to the Geographical Indications Registry shall be construed as including a reference to any office of the Geographical Indications Registry. SECTION 03: REGISTRAR OF GEOGRAPHICAL INDICATIONS (1) The Controller-General of Patents, Designs and Trade Marks appointed.....

Trade Marks Act, 1999 (47 of 1999) Chapter 1

Title: Preliminary

State: Central

Year: 1999

.....with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) "Chairman" means the Chairman of the Appellate Board; (g) "collective mark" means a trade mark distinguishing the goods or services of members of an association of persons [not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)] which is the proprietor of the mark from those of others; (h) "deceptively similar".--A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion; (i) "false trade description" means-- (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (II) any alteration of a trade description as regards the goods or.....

Trade Marks Act, 1999 (47 of 1999) Section 2

Title: Definitions and Interpretation

State: Central

Year: 1999

.....with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) "Chairman" means the Chairman of the Appellate Board; (g) "collective mark" means a trade mark distinguishing the goods or services of members of an association of persons [not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)] which is the proprietor of the mark from those of others; (h) "deceptively similar".--A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion; (i) "false trade description" means-- (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (II) any alteration of a trade description as regards the goods or.....

Insurance Regulatory and Development Authority Act, 1999 Complete Act

State: Central

Year: 1999

.....thereto and further to amend the Insurance Act, 1938, the Life Insurance Corporation Act, 1956 and the General Insurance Business (Nationalisation) Act, 1972. Be it enacted by Parliament in the Fiftieth Year of the Republic of India as follows: STATEMENT OF OBJECTS AND REASONS 1. The insurance industry requires a high degree of regulation. The Insurance Act, 1938 provides for the institution of the Controller of Insurance to act as a strong and powerful supervisory and regulatory authority with powers to direct, advise, caution, prohibit, investigate, inspect, prosecute, search, seize, fine, amalgamate, authorise, register and liquidate insurance companies. However, after the nationalisation of the life insurance industry in 1956 and the general insurance industry in 1972, the role of the Controller of Insurance diminished in significance over a period of time. 2. In April, 1993, the Government set up a high-powered Committee headed by Shri R.N. Malhotra, former Governor, Reserve Bank of India, to examine the structure of the insurance industry and recommend changes to make it more efficient and competitive keeping in view the structural changes in other parts of the financial.....

Trade Marks Act, 1999 (47 of 1999) Chapter 12

Title: Offences, Penalties and Procedure

State: Central

Year: 1999

.....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 omission 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. Section 111 - Forfeiture of goods (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 defraud, 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.....

Trade Marks Act, 1999 (47 of 1999) Section 102

Title: Falsifying and Falsely Applying Trade Marks

State: Central

Year: 1999

(1) A person shall be deemed to falsify a trade mark who, either,-- (a) without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark; or (b) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise. (2) A person shall be deemed to falsely apply to goods or services a trade mark who, without the assent of the proprietor of the trade mark,-- (a) applies such trade mark or a deceptively similar mark to goods or services or any package containing goods; (b) uses any package bearing a mark which is identical with or deceptively similar to the trade mark of such proprietor, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the proprietor of the trade mark. (3) Any trade mark falsified as mentioned in sub-section (1) or falsely applied as mentioned in sub-section (2), is in this Act referred to as a false trade mark. (4) In any prosecution for falsifying a trade mark or falsely applying a trade mark to goods or services, the burden of proving the assent of the proprietor shall lie on the accused.

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

Title: Offences, Penalties and Procedure

State: Central

Year: 1999

..... Provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this Act. Section 42 - Penalty for falsely representing a geographical indication as registered (1) No person shall make any representation (a) with respect to a geographical indication, not being a registered geographical indication, the effect that it is a registered geographical indication; or (b) to the effect that a registered geographical indication is registered in respect of any goods in respect of which it is not in fact registered; or (c) to the effect that registration of a geographical indication gives an exclusive right to the use thereof in any circumstances in which having regard to limitation entered on the register, the registration does not in fact give that right. (2) If any person contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (3) For the purposes of this section the use in India in relation to a geographical indication of the words "registered" geographical indication or any other.....

Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 38

Title: Falsifying and Falsely Applying Geographical Indications

State: Central

Year: 1999

.....indication or a deceptively similar geographical indication to goods or any package containing goods; (b) uses any package bearing a geographical indication which is identical with or deceptively similar to the geographical indication of such authorised user, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the authorised user of the geographical indication. (3) Any geographical indication falsified as mentioned in sub-section (1) or falsely applied as mentioned in sub-section (2), is in this Act referred to as a false geographical indication. (4) In any prosecution for falsifying a geographical indication or falsely applying a geographical indication to goods, the burden of proving the assent of proprietor shall lie on the accused.

The Kerala Highway Protection Act, 1999 [1] Complete Act

State: Kerala

Year: 1999

.....(j) “national highway” means any national highway in the State included in the schedule to the National Highways Act.1956 (Central Act 48 of 1956) or any highway declared as a national highway under sub-section (2) of section 2 thereof;