Intellectual Property Laws Decriminalized and Revised under the Jan Vishwas (Amendment of Provisions) Act, 2023
Introduction to IP Amendment India
The Department for Promotion of Industry and Internal Trade (DPIIT), under the Ministry of Commerce and Industry, issued a notification on 26th July 2024, announcing that the provisions of the Jan Vishwas (Amendment of Provisions) Act, 2023, related to various Intellectual Property laws in India, would come into force from 1st August 2024. The IP Amendment India initiative aims to decriminalize and streamline Intellectual Property regulations, reducing business compliance burdens and encouraging innovation across sectors. The Intellectual Property Amendment aligns with India’s goal of creating a more business-friendly environment while maintaining strong protection for patents, trademarks, copyrights, and geographical indications.
A. Changes to Patents Act, 1970 (Part of Intellectual Property Amendment)
The IP Amendment India significantly impacts the Patents Act, 1970, enhancing penalties for non-compliance and removing criminal provisions to simplify enforcement.
| Section | Previous Provision | Amendment | Omission |
| Section 120 | The penalty for unauthorised claim of patent rights may be extend up to INR 1,00,000. | The amendment to Section 120 increased the penalty for unauthorised claim of patent rights to INR 10,00,000 along with a further penalty of INR 1000 for every day in case of continuing claim. | – |
| Section 121 | Using term ‘Patent Office ‘ signifying false connection with patent office led imprisonment up to 6 (six) months. | – | The punishment for wrongful use of the words ‘Patent Office’. |
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Section 122(1)
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The fine for failing to furnish information may be extended up to INR 10,00,000. | The amendment to Section 122(1) reduced the penalty for failing to furnish information up to INR 1,00,000 along with a further penalty of INR 1,000 for every day during which such refusal or failure continues. | – |
| Section 122(2) |
A person furnishing false information have to face imprisonment which could be extended up to 6 (six) months.
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The amendment to Section 122(2) has decriminalized the offence of furnishing false information. Now the offender shall be liable to a penalty of 0.5% of the total sales or turnover of the business or gross receipts in the audited accounts or a sum equal to INR 5,00,00,000, whichever is less. |
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| Sections 124A and 124B |
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The amendment introduces Sections 124A and 124B and provides for the adjudicating officer’s holding of inquiry and imposition of penalty, along with the mechanism to challenge the officer’s order via appeal. | – |
B. Changes to Trade Marks Act, 1999 (Trademark Act Amendment India)
The Trademark Act amendment India under the IP Amendment India framework removes criminal penalties and introduces civil monetary penalties for better compliance.
| Section | Previous Provision | Amendment | Omission |
| Sections 106 |
If someone removes, sells, or possesses piece goods, cotton yarn, or cotton thread that isn’t marked as required by law, all such items and their packing materials will be forfeited to the government, and the person can be fined up to INR 1000.
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– | There is no fine for removing piece goods that are not marked (with the name of the manufacturer, the occupier of the premises in which the piece was finally processed, or the wholesale purchaser in India of the piece) for sale from premises referred to in Section 81. |
| Section 108 | If any person uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the Trade Marks Office, he shall be punishable with imprisonment for a term which may extend to 2 (two) years, or with fine, or with both. | – | The use of words leading to the belief that a person’s place of business is or is officially connected with the Trade Marks Office will no longer attract imprisonment of up to 2 (two) years or a fine. |
| Section 109 |
If any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the 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 2 (two) years, or with fine, or with both.
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– | Falsification of register entries will no longer result in imprisonment for up to 2 (two) years or a fine. |
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Section 107(2) |
A person falsely representing a trade mark as registered shall be punishable with imprisonment of up to 3 (three) years or a fine. | The amendment to Section 107(2) provides that a person falsely representing a trade mark as registered shall be liable for a penalty of a sum equal to 0.5% of the total sales or turnover, as the case may be, in business or of the gross receipts in the profession, as computed in the audited accounts of such person, or a sum equal to INR 5,00,000, whichever is less. | – |
| Sections 112A and 112B | – | Insertion of Sections 112A and 112B provides for the holding of inquiry and imposing of penalty by the authorised officer so authorised by the Registrar, as well as the appeal mechanism. | – |
| Section 140(3) | Prior to the amendment, the fine applicable was INR 500.
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Failure to produce documents or furnish information regarding the imported goods bearing false marks as required by the Commissioner of Customs within 14 (fourteen) days shall render the importer or his agent liable to a penalty of INR 10,000. | – |
C. Changes to Geographical Indications of Goods (Registration and Protection) Act, 1999
The Intellectual Property Amendment also revises the Geographical Indications Act to decriminalize certain offenses and introduce administrative penalties.
| Section | Previous Provision | Amendment | Omission |
| Sections 37A and 37B | – | Insertion of Sections 37A and 37B provides for the holding of inquiry and imposing of penalty under provisions of the Act, along with the appellate mechanism. | – |
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Section 42
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A person for falsely representing a geographical indication as registered shall be punished with imprisonment of up to 3 (three) years or a fine for this infringement. | The amendment to Section 42 provides that a person for falsely representing a geographical indication as registered shall be liable to a penalty of a sum equal to 0.5% of the total sales or turnover, as the case may be, in business or of the gross receipts in the profession as computed in the audited accounts of such person or a sum equal to INR 5,00,000, whichever is less. | |
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Section 43 |
If any person uses on his place of business, or an any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the Geographical Indications Registry, he shall be punishable with imprisonment for a term which may extend to 2 (two) years, or with fine, or with both. | A person will no longer face imprisonment of up to 2 (two) years or a fine for using words that lead to the belief that the person’s place of business is or is officially connected with the Geographical Indications Registry. | |
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Section 44 |
If any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to the false, he shall be punishable with imprisonment for a term which may extend to 2 (two) years or with fine, or with both. | Falsification of register entries will no longer result in imprisonment for up to 2 (two) years or a fine |
D. Changes to Copyright Act, 1957 (Copyright Act Changes 2024)
The Copyright Act changes 2024 under the Jan Vishwas Act 2023 align with the broader Intellectual Property laws India reform. The amendments decriminalize false statements made to authorities and replace imprisonment with monetary penalties.
| Section | Previous Provision | Amendment | Omission |
| Section 120 |
Any person who– (a) with a view to deceiving any authority or officer in the execution of the provisions of this Act, or (b) with a view to procuring or influencing the doing or omission of anything in relation to this Act or any matter there under, makes a false statement or representation knowing the same to be false, shall be punishable with imprisonment which may extend to 1 (one) year, or with fine, or with both.
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The amendment to Section 120 increased the penalty for unauthorised claim of patent rights to INR 10,00,000 along with a further penalty of INR 1000 for every day in case of continuing claim. |
Penalty for making false statements for the purpose of deceiving or influencing any authority or officer will no longer result in imprisonment for up to 1 (one) year or a fine or with fine, or with both.
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Conclusion
The IP Amendment India under the Jan Vishwas Act 2023 represents a landmark step in easing business compliance and modernizing India’s Intellectual Property laws. By decriminalizing offences and focusing on penalties, the reform supports a more efficient, transparent, and business-friendly IP regulatory environment.
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