- Ab Initio - From the beginning.
From the beginning.
- Actio personalis moritur cum persona – A personal right of action dies with the person. In other sense, if he dies, the right to sue is gone.
A personal right of action dies with the person. In other sense, if he dies, the right to sue is gone.
- Actionable per se – The very act is punishable, and no proof of damage is required.
The very act is punishable, and no proof of damage is required.
- Actori incumbit onus probandi - The burden of proof is on the plaintiff. Read under section 101 of the Indian Evidence Act.
The burden of proof is on the plaintiff. Read under section 101 of the Indian Evidence Act.
- Actus me invito factus non est mens actus - An act done by me against my will is not my act. Read with section 94 of IPC.
An act done by me against my will is not my act. Read with section 94 of IPC.
- Actus non facit reum nisi mens sit rea - An act does not make one guilty unless it is accompanied by a guilty mind.
An act does not make one guilty unless it is accompanied by a guilty mind.
- Actus reus - Guilty act.
- Actus Reus Non Facit Reum Nisi Mens Sit Rea - Conviction of a crime requires proof of a criminal act and intent. Or an act does not make a defendant guilty without a guilty mind. Or an act does not constitute guilt unless done with a guilty intention.
Conviction of a crime requires proof of a criminal act and intent. Or an act does not make a defendant guilty without a guilty mind. Or an act does not constitute guilt unless done with a guilty intention.
- Ad hoc - For the particular end or case at hand.
For the particular end or case at hand.
- Alibi - At another place, elsewhere.
At another place, elsewhere.
- Alimony - A husband’s (or wife’s) provision for a spouse after separation or divorce; maintenance. Related: What Is the Law Related to Alimony in India?
A husband’s (or wife’s) provision for a spouse after separation or divorce; maintenance. Related: What Is the Law Related to Alimony in India?
- Amicus Curiae - A friend of court or member of the Bar who is appointed to assist the court.
A friend of court or member of the Bar who is appointed to assist the court.
- Ante Litem Motam - Before suit brought; before controversy instituted, or spoken before a lawsuit is brought.
Before suit brought; before controversy instituted, or spoken before a lawsuit is brought.
- Assentio mentium - The meeting of minds, i.e. mutual assents.
The meeting of minds, i.e. mutual assents.
- Audi alteram partem - No man shall be condemned unheard.
No man shall be condemned unheard.
- Bona fide - In good faith.
In good faith.
- Bona vacantia - Goods without an owner.
Goods without an owner.
- Boni judicis est ampliare jurisdictionem - It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority.
It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority.
- Caveat - A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator.
A caution registered with the public court to indicate to the officials that they are not to act in the matter mentioned in the caveat without first giving notice to the caveator.
- Caveat actor - Let the doer beware.
Let the doer beware.
- Caveat emptor - Let the buyer beware.
Let the buyer beware.
- Caveat venditor - Let the seller beware.
Let the seller beware.
- Certiorari - A writ by which orders passed by an inferior court is quashed.
A writ by which orders passed by an inferior court is quashed.
- Communis hostis omnium - They are common enemies of all. The common enemy of everyone. Read with section 4(2) of IPC.
They are common enemies of all. The common enemy of everyone. Read with section 4(2) of IPC.
- Corpus - Body.
- Corpus delicti - The facts and circumstances constituting a crime and Concrete evidence of a crime, such as a corpse (dead body).
The facts and circumstances constituting a crime and Concrete evidence of a crime, such as a corpse (dead body).
- Crimen trahit personam - The crime carries the person. Read with section 2 of IPC. In other words, it means wherever a person goes, and if he commits a crime there, then he will be covered by the provisions of the Indian Penal Code, that is, Interterritorial Jurisdiction.
The crime carries the person. Read with section 2 of IPC. In other words, it means wherever a person goes, and if he commits a crime there, then he will be covered by the provisions of the Indian Penal Code, that is, Interterritorial Jurisdiction.
- Damnum sine injuria - Damages without injuries.
Damages without injuries.
- De facto - In fact.
- De jure - By law.
- De minimis - About minimal things.
About minimal things.
- De Minimis Non Curat Lex - The law does not govern trifles (unimportant things). Or law is not concerned with small or insignificant things/matters. Read with section 95 of IPC. Or A common law principle whereby judges will not sit in judgment of extremely minor transgressions (offence, wrongdoings) of the law.
The law does not govern trifles (unimportant things). Or law is not concerned with small or insignificant things/matters. Read with section 95 of IPC. Or A common law principle whereby judges will not sit in judgment of extremely minor transgressions (offence, wrongdoings) of the law.
- De novo - To make something anew.
To make something anew.
- Detinue - Tort of wrongfully holding goods that belong to someone else.
Tort of wrongfully holding goods that belong to someone else.
- Dictum - Statement of law made by the judge in the course of the decision but not necessary to the decision itself.
Statement of law made by the judge in the course of the decision but not necessary to the decision itself.
- Doli capax - Capable of forming necessary intent to commit a crime. Read with section 83 of IPC.
Capable of forming necessary intent to commit a crime. Read with section 83 of IPC.
- Doli incapax - Incapable of crime. Or incapable of forming the intent to commit a crime. Read with section 82 of IPC.
Incapable of crime. Or incapable of forming the intent to commit a crime. Read with section 82 of IPC.
- Donatio mortis causa - Gift because of death. Or a future gift given in expectation of the donor’s imminent death and only delivered upon the donor’s death.
Gift because of death. Or a future gift given in expectation of the donor’s imminent death and only delivered upon the donor’s death.
- Estoppel - Prevented from denying.
Prevented from denying.
- Ex gratia - As favour.
- Ex officio - Because of an office held.
Because of an office held.
- Ex parte - Proceedings in the absence of the other party.
Proceedings in the absence of the other party.
- Ex post facto - Out of the aftermath. Or after the fact.
Out of the aftermath. Or after the fact.
- Factum probandum - It means the facts that need to be proved. This maxim is read under section 3 of the Indian Evidence Act.
It means the facts that need to be proved. This maxim is read under section 3 of the Indian Evidence Act.
- Factum probans - Relevant fact. In other words, it means a fact or statement of facts offered in evidence as proof of another fact. It is read under section 3 of the Indian Evidence Act.
Relevant fact. In other words, it means a fact or statement of facts offered in evidence as proof of another fact. It is read under section 3 of the Indian Evidence Act.
- Falsus in uno falsus in omnibus - It means false in one thing, false in everything. Read under section 16 of the Indian Evidence Act. But this maxim is not followed in India, as held in the case of Suchita Singh and Anr vs State of Punjab and Ors (2015).
It means false in one thing, false in everything. Read under section 16 of the Indian Evidence Act. But this maxim is not followed in India, as held in the case of Suchita Singh and Anr vs State of Punjab and Ors (2015).
- Fatum - Beyond human foresight.
Beyond human foresight.
- Fraus est celare fraudem - It is a fraud to conceal a fraud.
It is a fraud to conceal a fraud.
- Functus officio - No longer having power or jurisdiction.
No longer having power or jurisdiction.
- Furiosi nulla voluntas est - Mentally impaired or mentally incapable persons cannot validly sign a will, contract, or form the frame of mind necessary to commit a crime. Or a person with mental illness has no free will.
Mentally impaired or mentally incapable persons cannot validly sign a will, contract, or form the frame of mind necessary to commit a crime. Or a person with mental illness has no free will.
- Furiosis furore suo puiner - A madman is best punished by his own madness.
A madman is best punished by his own madness.
- Furiosis nulla voluntas est - A madman has no will.
A madman has no will.
- Furious absentis loco est - A madman is like one who is absent. Read with section 84 of IPC.
A madman is like one who is absent. Read with section 84 of IPC.
- Habeas corpus - A writ to have the body of a person to be brought in before the judge.
A writ to have the body of a person to be brought in before the judge.
- Ignorantia facit doth excusat, Ignorance juris non - excusat – Ignorance of fact is an excuse, but ignorance of the law is no excuse. Read with sections 76 and 79 of IPC.
excusat – Ignorance of fact is an excuse, but ignorance of the law is no excuse. Read with sections 76 and 79 of IPC.
- Ignorantia juris non excusat - Ignorance of law is not an excuse. Or ignorance of the law excuses no one. In other words, a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.
Ignorance of law is not an excuse. Or ignorance of the law excuses no one. In other words, a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.
- In lieu of - Instead of.
- In personam - A proceeding in which relief I sought against a specific person.
A proceeding in which relief I sought against a specific person.
- In promptu - In readiness.
- In status quo - In the present state.
In the present state.
- Injuria sine damnum - Injury without damage.
Injury without damage.
- Innuendo - Spoken words that are defamatory because they have a double meaning.
Spoken words that are defamatory because they have a double meaning.
- Inter alia - Among other things.
Among other things.
- Inter vivos - Between living people (especially of a gift as opposed to a legacy).
Between living people (especially of a gift as opposed to a legacy).
- Interest Reipublicae Ut Sit Finis Litium - It means it is in the interest of the state that there should be an end to litigation.
It means it is in the interest of the state that there should be an end to litigation.
- Ipso facto - By the mere fact.
By the mere fact.
- Jus - Law or right.
Law or right.
- Jus cogens or ius cogens - Compelling law.
- Jus in personam - Right against a specific person (or party). Read under section 43 of the Indian Evidence Act.
Right against a specific person (or party). Read under section 43 of the Indian Evidence Act.
- Jus in rem - Right against the world at large. Read under section 43 of the Indian Evidence Act. Related: What Is Right in Rem and Right in Personam?
Right against the world at large. Read under section 43 of the Indian Evidence Act. Related: What Is Right in Rem and Right in Personam?
- Jus naturale - Natural law. Or in other words, a system of law based on fundamental ideas of right and wrong that is natural law.
Natural law. Or in other words, a system of law based on fundamental ideas of right and wrong that is natural law.
- Jus Necessitatis - It means a person’s right to do what is required for which no threat of legal punishment is a dissuasion.
It means a person’s right to do what is required for which no threat of legal punishment is a dissuasion.
- Jus non scriptum - Customary law.
- Jus sanguins - Right of blood or descent.
Right of blood or descent.
- Jus scriptum - Written law.
- Jus soli - Right of soil.
Right of soil.
- Justitia nemini neganda est - Justice is to be denied to nobody.
Justice is to be denied to nobody.
- Lex Fori - The law of the country. The law of evidence is lex fori. It means the law of evidence is the law of the land where court proceedings are taken.
The law of the country. The law of evidence is lex fori. It means the law of evidence is the law of the land where court proceedings are taken.
- Lex non a rege est violanda - The law must not be violated even by the king.
The law must not be violated even by the king.
- Locus standi - Right of a party to an action to appear and be heard by the court.
Right of a party to an action to appear and be heard by the court.
- Mala fide - In bad faith.
In bad faith.
- Malum in se or Mala in se (plural) - Wrong or evil in itself. Or Mala in se is ‘a term that signifies crime that is considered wrong in and of itself.’ For example, most human beings believe that murder, rape, and theft are wrong, regardless of whether a law governs such conduct or where the conduct occurs and is thus recognisably malum in se.
Wrong or evil in itself. Or Mala in se is ‘a term that signifies crime that is considered wrong in and of itself.’ For example, most human beings believe that murder, rape, and theft are wrong, regardless of whether a law governs such conduct or where the conduct occurs and is thus recognisably malum in se.
- Malum prohibitum - In a way, opposite of Malum in se. It means ‘crimes are criminal not because they are inherently bad, but because the act is prohibited by the law of the state.’ For example, jurisdiction in India requires drivers to drive on the left side of the road. This is not because driving on the right side of a road is considered immoral, but because the law says to drive on the left side and not on the right side.
In a way, opposite of Malum in se. It means ‘crimes are criminal not because they are inherently bad, but because the act is prohibited by the law of the state.’ For example, jurisdiction in India requires drivers to drive on the left side of the road. This is not because driving on the right side of a road is considered immoral, but because the law says to drive on the left side and not on the right side.
- Mandamus - ‘We command’. A writ of command issued by a higher court to government and public authority to compel the performance of public duty. Related: 5 Types of Writs.
‘We command’. A writ of command issued by a higher court to government and public authority to compel the performance of public duty. Related: 5 Types of Writs.
- Mens rea - Guilty mind.
- Misnomer - A wrong or inaccurate name or term.
A wrong or inaccurate name or term.
- Modus operandi - Way of working. Or mode of operation.
Way of working. Or mode of operation.
- Modus Vivendi - Way of living.
Way of living.
- Mutatis Mutandis - With the necessary changes having been made. Or with the respective differences having been considered.
With the necessary changes having been made. Or with the respective differences having been considered.
- Nemo bis punitur pro eodem delicto - Nobody can be twice punished for the same offence.
Nobody can be twice punished for the same offence.
- Nemo debet bis vexari pro una et eadem causa - It means no man shall be punished twice for the same offence.
It means no man shall be punished twice for the same offence.
- Nemo debet esse judex in propria causa or Nemo judex in causa sua or Nemo judex in sua causa - Nobody can be the judge in his own case.
Nobody can be the judge in his own case.
- Nemo moriturus praesumitur mentire - A man will not meet his maker (God) with a lie in his mouth. Or, in other words, ‘no man at the point of death is presumed to lie.’ This maxim is related to dying declaration.
A man will not meet his maker (God) with a lie in his mouth. Or, in other words, ‘no man at the point of death is presumed to lie.’ This maxim is related to dying declaration.
- Nemo Potest esse tenens et dominus - Nobody can be both a landlord and a tenant of the same property.
Nobody can be both a landlord and a tenant of the same property.
- Nolle prosequi - A formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit.
A formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit.
- Non Sequitur - A statement (such as a response) that does not follow logically from or is not clearly related to anything previously said.
A statement (such as a response) that does not follow logically from or is not clearly related to anything previously said.
- Novation - Transaction in which a new contract is agreed by all parties to replace an existing contract.
Transaction in which a new contract is agreed by all parties to replace an existing contract.
- Nullum crimen sine lege, nulla poena sine lege - There must be no crime or punishment except in accordance with fixed, predetermined law. In other words, there must be no punishment without law.
There must be no crime or punishment except in accordance with fixed, predetermined law. In other words, there must be no punishment without law.
- Nunc pro tunc - Now for then. A ruling nunc pro tunc applies retroactively to correct an earlier ruling.
Now for then. A ruling nunc pro tunc applies retroactively to correct an earlier ruling.
- Obiter dictum - Things said by the way. It is generally used in law to refer to an opinion or non–necessary remark made by a judge. It does not act as a precedent.
Things said by the way. It is generally used in law to refer to an opinion or non–necessary remark made by a judge. It does not act as a precedent.
- Onus probandi - Burden of proof. Read under section 102 of the Indian Evidence Act.
Burden of proof. Read under section 102 of the Indian Evidence Act.
- Pacta Sunt Servanda - Agreements must be kept. Or Agreements are legally binding.
Agreements must be kept. Or Agreements are legally binding.
- Palimony - Money which a man pays to a woman with whom he has been living and from whom he is separated. Palimony has slightly different meanings in different jurisdictions.
Money which a man pays to a woman with whom he has been living and from whom he is separated. Palimony has slightly different meanings in different jurisdictions.
- Pari passu - With an equal step. Read more about it on Wikipedia.
With an equal step. Read more about it on Wikipedia.
- Particeps criminis - A participator in the actual crime/partner in crime.
A participator in the actual crime/partner in crime.
- Per curiam (decision or opinion) - By the court. In other words, the decision is made by the court (or at least, a majority of the court) acting collectively.
By the court. In other words, the decision is made by the court (or at least, a majority of the court) acting collectively.
- Per curiam - By a court.
By a court.
- Per incuriam - Because of lack of care.
Because of lack of care.
- Per se - By itself.
- Persona non grata - A person who is unacceptable or unwelcome.
A person who is unacceptable or unwelcome.
- Potior est conditio possidentis - It means in equal fault (better is the condition of the possessor). Read under section 110 of the Indian Evidence Act.
It means in equal fault (better is the condition of the possessor). Read under section 110 of the Indian Evidence Act.
- Prima facie - At first sight. Or on the face of it.
At first sight. Or on the face of it.
- Quantum meruit - What one has earned. Or the amount he deserves.
What one has earned. Or the amount he deserves.
- Qui facit per alium, facit per se - He who acts through another acts himself.
He who acts through another acts himself.
- Qui peccat ebrius luat sobrius - He who does wrong when drunk must be punished when sober. Read with section 86 of IPC.
He who does wrong when drunk must be punished when sober. Read with section 86 of IPC.
- Qui sentit commodum, sentire debet et onus - It means he who receives advantage must also bear the burden.
It means he who receives advantage must also bear the burden.
- Quid pro quo - Something for something.
Something for something.
- Quo warranto - By what authority. A writ calling upon one to show under what authority he holds or claims a public office.
By what authority. A writ calling upon one to show under what authority he holds or claims a public office.
- Quod necessitas non habet legem or Necessitas non habet legem - Necessity knows no law. Read with section 81 of IPC.
Necessity knows no law. Read with section 81 of IPC.
- Ratio decidendi - Principle or reason underlying a court judgement. Or the rule of law on which a judicial decision is based.
Principle or reason underlying a court judgement. Or the rule of law on which a judicial decision is based.
- Res ipsa loquitor - The thing speaks for itself. Read under section 106 of the Indian Evidence Act. Related: What Is Res Ipsa Loquitor
The thing speaks for itself. Read under section 106 of the Indian Evidence Act. Related: What Is Res Ipsa Loquitor
- Res Judicata - A matter already judged. In other words, it means a matter finally decided by a competent court on the basis of merits. Read under section 40 of the Indian Evidence Act. Related: Res Judicate Is Based On 3 Maxims. Related: Res Judicata vs Res Sub Judice
A matter already judged. In other words, it means a matter finally decided by a competent court on the basis of merits. Read under section 40 of the Indian Evidence Act. Related: Res Judicate Is Based On 3 Maxims. Related: Res Judicata vs Res Sub Judice
- Res Judicata Pro Veritate Accipitur - It means that a judicial decision must be accepted as correct.
It means that a judicial decision must be accepted as correct.
- Respondeat superior - Let the master answer. For example, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master–servant rule.
Let the master answer. For example, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master–servant rule.
- Rex non protest peccare - The king can do no wrong.
The king can do no wrong.
- Salus populi est suprema lex or Suprema lex salus populi - The welfare of the people is the supreme law. In other words, it means public welfare is the highest law. Read under section 123 of Evidence Act.
The welfare of the people is the supreme law. In other words, it means public welfare is the highest law. Read under section 123 of Evidence Act.
- Sine die - With no day (indefinitely).
With no day (indefinitely).
- Sine qua non - “Without which nothing”. An essential condition. A thing that is absolutely necessary. Basically a component of an argument that, if debunked, causes the entire argument to crumble.
“Without which nothing”. An essential condition. A thing that is absolutely necessary. Basically a component of an argument that, if debunked, causes the entire argument to crumble.
- Status quo - State of things as they are now.
State of things as they are now.
- Suo Motu - On its own motion.
On its own motion.
- Uberrima fides (sometimes uberrimae fidei) - Utmost good faith.
Utmost good faith.
- Ubi jus ibi remedium - Where there is a right, there is a remedy.
Where there is a right, there is a remedy.
- Veto - Ban or order not to allow something to become law, even if it has been passed by a parliament.
Ban or order not to allow something to become law, even if it has been passed by a parliament.
- Vice versa - Reverse position.
- Vis major - Act of God.
Act of God.
- Volenti non fit injuria - Damage suffered by consent gives no cause of action. Or harm caused with consent cannot be considered an injury. Read with section 87 of IPC.
Damage suffered by consent gives no cause of action. Or harm caused with consent cannot be considered an injury. Read with section 87 of IPC.
- Vox populi - Voice of the people. Or the opinion of the majority of the people.
Voice of the people. Or the opinion of the majority of the people.
- Waiver - Voluntarily giving up or removing the conditions.
Voluntarily giving up or removing the conditions.
IPR - TradeMark, Copyright, Designs, Patent
- Copyright - What is a Copyright?
Copyright subsists in all original published or unpublished literary, artistic works. Copyright is a right owned by the creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.
- DESIGN Act - What is a Design under the Designs Act, 2000?
'Design' means the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined.
- GI - What is Geographical Indication (GI)?
GI in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.
Darjeeling Tea, Lucknow Chikan Craft, Kinnauri Shawl, Blue Pottery of Jaipur are some of the registered GIs in India.
- Patent - What is a Patent?
A Patent is an exclusive statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention. The Patents are the monopoly rights that exclude others, from making, using, selling, offering for sale or importing the patented product or process for producing that product for the aforementioned purposes without the consent of the patentee.
- TradeMark - What is a trademark?
trademark is a distinctive sign or indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another. Simply, a trademark is a warden of a trader.
- Copyright - What works are Registrable under the Copyright Act?
All original published or unpublished literary, artistic, dramatic, musical, sound recording and cinematograph films are registrable under the Copyright Act, 1957.
- DESIGN Act - What are the benefits of Design registration?
The registration of a design confers upon the registered proprietor the exclusive right to apply a design to the article in the class in which the design has been registered.
A registered proprietor of the design is entitled to a protection of his intellectual property. He can sue for infringement, if his right is infringed by any person.
He can license or sell his design as legal property for a consideration or royalty.
- GI - What is the benefit of getting a GI registration?
GI confers legal protection to goods in domestic as well as international market.
It prevents the unauthorized use of a Registered Geographical Indication by others
As legal protection is provided to Indian Geographical Indications, the export is promoted.
It returns financial benefits to the producers of goods produced in a geographical territory.
A registered proprietor can also seek legal protection in other WTO member countries.
- Patent - What can be patented in India?
In order to be a patentable subject matter, the new invention is required to meet the following patentability criteria:
It should be novel.
It should have inventive step or it must be non-obvious
It should be capable of Industrial application.
It should not fall within the provisions of sections 3 and 4 of the Patents Act 1970.
- TradeMark - What are the qualities of a good trademark?
A good trademark should possess the following qualities-
Easy to pronounce, spell, remember.
Should be distinctive and should not have deceptive similarity.
Should not be descriptive.
Laudatory word/words such as best, perfect etc to be avoided.
- Copyright - What works are protected under Copyright?
Sound Recording and
- DESIGN Act - What is the term of a registered design?
Registration initially confers the right for ten years from the date of registration. It is renewable for a further period of five years.
If the fee for extension is not paid for the further period of registration within the period of initial registration, this right will cease. There is provision for the restoration of a lapsed design if the application for restoration is filed within one year from the date of cessation in the prescribed manner.
- GI - When is a GI not registrable?
A geographical indication:
The use of which would be likely to deceive or cause confusion;
The use of which would be contrary to any law for the time being in force;
Which comprises or contains scandalous or obscene matter;
Which comprises or contains any matter likely to hurt the religious susceptibilities of any class or sections of the citizens of India
Which would otherwise be disentitled to protection in court
Which are determined to be generic names or indication of goods and are, therefore, not or ceased to be protected in their country of origin, or which have fallen into disuse in that country
Which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be;
Shall not be registered a geographical indication.
- Patent - What is new invention within the meaning of Indian Patents Act?
New invention means any invention or technology in respect of a product or process which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of the patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art.
- TradeMark - Is the registration of trademark mandatory in India?
No, registration of a Trademark is not mandatory in India but it is advisable to do so.
- Copyright - What rights are given under Copyright Protection in India?
Copyright is a bundle of rights that confers on its owners the following rights to:
Reproduce the work;
Issue copies of the work to public;
Perform the work in public;
Communicate the work to public;
Make any translation of the work;
Make any adaptation of the work;
Make cinematographic film or sound recording in respect of the work.
Apart from the above, the following moral rights are also enjoyed by the author or copyright owner:
The right of publication: It is a right to decide whether or not to publish the work;
The right of paternity: It is a right to claim authorship for published or exhibited work;
The right of integrity: It is a right to prevent alteration and other actions that may damage the authors honor or reputation.
- DESIGN Act - What designs are not eligible for registration?
The designs falling under the following category are not eligible for registration;
Not new or original;
Disclosed to the public anywhere in India or in any other country by publication or by use or in any other way prior to the date of filing;
Not significantly distinguishable from known designs or combination of known designs;
Comprises or contains scandalous or obscene matter.
Further to this any article falling in the following categories are also not registrable under the Designs Act;
Book jackets, calendars, certificates, forms and documents;
Dress making patterns, greeting cards, leaflets, maps and plan cards;
Post cards, stamps and medals;
Labels, tokens, cards and cartoons.
An important criterion for selection is that the article should exist by itself independent of the design applied on it. The aforementioned articles are therefore included in the non-eligible list as once the designs on these items are removed only a blank paper or cloth or the like remains.
- GI - What is a generic GI?
If a geographical term is used as the designation of a kind of product rather than an indication of the place of origin of that product, the term no longer function as a GI.
- Patent - What is an inventive step?
Inventive step means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not-obvious to a person skilled in the art.
- TradeMark - What are the benefits of a registered trademark?
Identifies the origin of goods & services.
Advertises goods & services.
Guards the commercial goodwill of a trader.
Protects the innocent public from buying goods of second-rate quality.
- Copyright - Are Titles and Names protected under Copyright?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright, a work must be original.
- DESIGN Act - What artistic works are not subject matter of registration?
An artistic work as defined under Section 2(c) of the Copyright Act, 1957 is not a subject matter for registration which reads as follows:
Artistic works means: -
A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality.
A work of architecture and
Any other work of artistic craftsmanship.
- GI - Who can apply for the registration of a GI?
Any association of persons or of producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods, who are desirous of registering geographical indication in relation to such goods shall apply in writing to the Registrar in such' form and in such manner and accompanied by such fees as may be prescribed for the registration of the geographical indication.
- Patent - What is industrial applicability?
In relation to an invention, industrial applicability means that the subject matter of the invention must be capable of being made or used in any kind of industry. Industry in this connection is understood not in the legal or economic meaning but in the primary signification of action or enterprise of fashioning and utilizing nature and matter for the production of goods or of technical results. Thus industry means any kind of activity including agriculture.
- TradeMark - How is a trademark designated in India?
A trademark is designated by the following:
™ (for an unregistered trademark, that is, a mark used to promote or brand goods);
® (for a registered trademark)
How the Symbols ® and TM are to be used in India
Only the proprietor of a registered trademark can use the symbol ® in India. Using the symbol ® unless the mark has been registered is unlawful in India. Using symbol TM with trademark simply means that one claims to be the proprietor of the trademark. There is no prohibition on the use of the symbol TM in India.
- Copyright - Is Copyright Registration Mandatory?
Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright protection. India is a member of the Berne Convention as well as the Universal Copyright Convention. Therefore, work created in other member states is accorded protection in India as well. Registration of copyright is not mandatory. However, it is advisable to apply for Registration of Copyright as the certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright. It also makes the process of licensing and/ or assignment of the registered work much easier.
- DESIGN Act - Who can apply for a design?
An application for design registration can be filed by any person claiming to be the proprietor of any new or original design.
The designer or his assignee either alone or jointly with any other person or through a legal representative can also apply for design.
However, for applicants who are not residents of India applications are to be filed through an agent residing in India.
- GI - Who is a “Registered Proprietor” of a geographical indication? What are his rights?
Any association of persons or of producers or any organization or authority established by or under the law can be a registered proprietor.
The registered proprietor can exercise the exclusive rights to use the GI and prevent others from using the GI without his permission.
He can also initiate infringement action against the infringers.
- Patent - What are not inventions within the meaning of Indian Patents Act?
Sections 3 and 4 of the Patents Act 1970 specify the inventions that are not patentable under the Act.
- TradeMark - What can be registered as a trademark in India?
Following marks can be registered under the Indian trademark law:-
Invented / Coined Words
Combination of colors
Shape of goods
- Copyright - Where can Copyright Application be filed in India?
With effect from August 01, 2014, all copyright applications are to be filed online by visiting the website of the Copyright Office at www.copyright.gov.in, or as an alternative, to be sent by Speed Post/Registered Post in the format prescribed.
- DESIGN Act - Where and how to apply for design registration?
An application for registration of design can be filed at any of the four Patent Offices located at Delhi, Mumbai, Chennai or Kolkata. However, the Designs Wing of the Patent office at Kolkata is the head office for handling the design applications and the other three offices also transmit such applications to Kolkata for further processing and prosecution.
Any interested person may apply for a design registration by filing an application on the prescribed format (Form 1) along with the prescribed fee. Representations of the article are also required to be submitted along with the requisite form.
The online filing facility would be introduced shortly facilitating faster processing of the applications.
- GI - Who is an “Authorized User”?
Any person claiming to be a producer of the goods in respect of which a geographical indication has been registered may apply for registration as an authorized user.
- Patent - Who can apply for a patent?
A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person.
The legal representative of any deceased person, who immediately before his death was entitled to file an application for patent, can also apply for the same with the Patent Office.
The application for patent can also be made by virtue of an assignment of the right to apply for a patent for the invention.
- TradeMark - Can Three (3) dimensional or 3-D trademarks be registered in India?
Yes as per the Indian trademark Law 3-D marks or Three Dimensional marks can be registered in India.
- Copyright - Who can file a Copyright Application?
Any individual who is the author or rightful owner, or his/ her assignee or legal heir, can file an application for the registration of copyright of a work.
- DESIGN Act - What is the fees for the registration of a design?
The fees to be paid along with the application for design registration, is Rs.1000 and the fees for renewal is Rs.2000.
- GI - Who is a producer in relation to a Geographical Indication?
Producer in relation to goods, means any person who,--
If such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods;
If such goods are natural goods, exploits the goods;
If such goods are handicraft or industrial goods, makes or manufactures the goods,
It also includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods.
- Patent - How can a person apply for a patent in India?
In accordance with the provisions of Patent Act, the inventor, his assignee or legal representative of deceased person, who before his death was either the inventor or assignee, can apply for patents at the head office of the Indian Patent Office or its branches depending upon in whose jurisdiction he resides or has a domicile or has a principle office of business. In case of a foreign applicant, the application can be filed at the appropriate office, in whose jurisdiction the address for service or patent attorney’s office is situated.
The patent application can be accompanied either with complete specification or with provisional specification.
In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the application or else the application will be deemed to be abandoned.
There is no extension of time to file complete specification after expiry of the said period.
- TradeMark - Can Sound and Smell be registered as a trademark in India?
Yes, sound and smell can be registered as a trademark in India under the Indian trademark law.
- Copyright - What protection is available for Software Programmes in India?
A Computer Software or a software programme can be registered as a ‘literary work’ under the Copyright Act. As per Section 2 (o) of the Copyright Act, 1957 “literary work” includes computer programmes, tables and compilations, including computer databases. ‘Source Code’ also has to be supplied along with the application for registration of copyright for software products.
- DESIGN Act - How long does it take for a design to be registered and when does one get the registration certificate?
It takes a turnaround time of about 3-6 months for a design to be registered with the Patent Office. Once the application is accepted and registered a certificate of registration is issued to the applicant.
The Design application is published in the Journal only after its registration.
- GI - What is the term of GI protection?
GI is registered for a period on ten years but can be renewed from time to time for a further period of 10 years by paying the renewal fees.
If a registered geographical indication is not renewed it is liable to be removed from the register.
- Patent - What is provisional specification?
A provisional specification is a patent document filed to establish priority of the invention in case the disclosed invention is only at a conceptual stage and a delay is expected in submitting full and specific description of the invention.
The provisional specification is a permanent and independent scientific cum legal document and no amendment is allowed in this. It is a document of record and it cannot be amended by adding new matter to it once it has been filed.
Provisional specification contains the following:
Drawings, if necessary and
A patent is never granted on the basis of a provisional specification. It has to be a followed by a complete specification within 12 months from the date of its filing for obtaining a patent for the said invention.
Filing of a provisional application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification. It is not necessary to file an application with provisional specification before the complete specification. An application with complete specification can be filed right at the first instance. If there aren’t any significant changes the applicant can also file the same provisional specification as complete specification within 12 months.
- TradeMark - Can a domain name be registered as a trademark or service mark in India?
Yes, so long it is being used as a trademark or service mark. If it is merely used to indicate the URL or address at which a web site may be found, such use is not sufficient. It must be used a source identifier for the goods or services.
- Copyright - What is the Term of Copyright Protection in India?
The duration granted for works of copyright varies depending on the type of work.
Literary or musical works or artistic works, other than photographs, have a life span, which extends through the lifetime of the author and an additional 60 years from the year in which the author dies. However, if the work has not been published, performed, or offered for sale or broadcast during the lifetime of the author, the copyright protection shall continue for a period of 60 years from the end of the year in which any of these acts are done relating to the work.
Cinematograph films, photographs and computer programs are protected for 60 years from the year in which the work is made available to the public with the consent of the owner of the copyright or published work, or, failing such an event, for 60 years from the end of the year in which the work is made. Sound recordings are protected for 60 years from the end of the year in which the recording is first published.
- DESIGN Act - When is the right time for applying for a design registration?
One should file the application as close as possible to the date of creation of the design and before it is made public either by use or publication, so that the design remains new at the time of such application.
- GI - Is registration of a Geographical Indication compulsory?
The registration of GI, though not compulsory, offers better legal protection to facilitate an action for infringement. Also the authorized user can exercise his exclusive right to use the GI and can initiate can initiate infringement actions against the infringer.
- Patent - What is Complete Specification?
The Complete Specification is a techno-legal document containing full scientific details of the invention and claims to the patent rights. In order to obtain a patent, an applicant must fully and particularly describe the invention therein claimed in a complete specification. The disclosure of the invention in a complete specification must be such that a person skilled in the art may be able to perform the invention.
The contents of a complete specification would include the following
Title of the invention.
Field to which the invention belongs.
Background of the invention including prior art giving drawbacks of the known inventions & practices.
Complete description of the invention along with experimental results.
Drawings etc. essential for understanding the invention.
Claims, which are statements, related to the invention on which legal proprietorship is being sought. Therefore the claims have to be drafted very carefully.
- TradeMark - Is it possible to have a descriptive trademark registered in India?
No, It is not possible to register such a trademark.
- DESIGN Act - What acts destroy the novelty of a design?
Prior publication or display or/and prior use of the design are the actions that would destroy the novelty of the design.
- GI - What amounts to infringement of a registered GI?
The following action amounts to GI infringement
When an unauthorized user uses a geographical indication that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which mislead the public as to the geographical origin of such goods;
When the use of geographical indication result in an unfair competition including passing off in respect of registered geographical indication;
When the use of another geographical indication results in false representation to the public that goods originate in a territory in respect of which a registered geographical indication relates.
- Patent - When should an application for a patent be filed in India?
Filing of an application for a patent should be completed at the earliest possible date and should not be delayed.
Delay in filing an application may entail following risks:
Other inventors might forestall the first inventor by applying for a patent for the said invention
There may be an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.
Therefore it is imperative that the application is filed before it is made public and used publicly.
If an applicant is negotiating with a company, it is advisable that Non Disclosure Agreement (NDA) be executed so that the invention is kept confidential and its novelty is not destroyed.
- TradeMark - What is a Service mark?
A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
- DESIGN Act - What is the general procedure for registering a design?
After an application is made with the Indian Patent Office, an examination report may be issued. Within a stipulated time period i.e., within six months from the date of filing of the design application a reply is required to be filed in response to the objections raised in the examination report.
The response may be accepted or rejected by the Controller. If rejected, an opportunity of amending the application or submitting further replies is provided.
Once the objections are complied with, the application is accepted and a certificate of registration is issued. The registration is valid for a period of 10 years and can be renewed for another term of 5 years.
- GI - What are the penalties for GI infringement?
The Geographical Indications of Goods (Registration and Protection) Act, provides for a sentence of imprisonment for a term between six months to three years and a fine between fifty thousand and two lakhs rupees in case of GI infringement.
- Patent - Can patent applications also be filed electronically by online system?
Yes. The Indian Patent Office has put in place an online filing system for patent application. More information for filing online application is available on the website of Patent Office i.e. www.ipindia.nic.in
- TradeMark - What is a Collective mark?
collective trademark or collective mark is a trademark owned by an organization (such as an association), whose members use it to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization. Example-the 'CA' device used by the Institute of Chartered Accountants.
- DESIGN Act - What constitutes piracy of registered design?
During the existence of copyright in any design it shall not be lawful for any person, without the consent of the registered proprietor;
for the purpose of sale to apply or cause to be applied, to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, or to do anything with a view to enable the design to be so applied;
to import such article for the purposes of sale.
to publish or expose or cause to be published or exposed for sale, the said article.
- GI - Can registered GI be assigned or transmitted?
Since a geographical indication is a public property belonging to the producers of the concerned goods, it shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement.
However, when an authorized user dies, his right devolves on his successor in title.
- Patent - Can published or disclosed inventions be patented in India?
Publication of an invention before filing of a patent application would disqualify the invention to be patentable as the disclosure of invention by way of publication is detrimental to novelty of the invention.
Hence, inventors should not disclose their inventions before filing the patent application. The invention should be considered for publication after a patent application has been filed.
However the Patents Act does specifies certain conditions under which a grace period of 12 months for filing application is given even after publication.
- TradeMark - Who can apply for trademark application in India?
An application for registration of a trademark in India may be made by any person claiming to be the proprietor/owner of a mark for those goods and services for which he is using or intends to use the mark. At the time of filing the application, the proprietor must have the intention to use the mark.
- DESIGN Act - What happens if someone makes copies of the registered design? What is the penalty for such infringement?
The proprietor of the registered design can file a suit for infringement against the infringer and claim damages.
If any person commits piracy of a registered design, as defined in Section 22, he shall be liable to pay a sum not exceeding Rs.25,000 recoverable as a contract debt, provided that the total sum recoverable in respect of any one design shall not exceed Rs.50,000.
- GI - How does a GI differ from trademark?
A trademark is a sign that an individual trader or company uses to distinguish its own goods or services from the goods or services of competitors.
A geographical indication on the other hand is used to show that certain products have a certain regional origin.
- Patent - Under what conditions a grace period of 12 months for filing the application, after the publication of invention, is given?
The Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in a exhibition organized by the Government or disclosure before any learned society or published by applicant. The details conditions are provided under Chapter VI of the Patents Act (Section 29-34)
- TradeMark - Whether foreign proprietors can apply for registration of trademark in India?
Yes, foreign proprietors can apply for registration of trademark in India. The Indian trademark Law is TRIPS obedient and provides for protection of well-known trademarks and recognizes trans-border reputation.
- DESIGN Act - Can the same applicant make an application for the same design again, if the prior application has been abandoned?
Yes, the same applicant can apply again since no publication of the abandoned application is made by the Patent Office, provided the applicant does not publish the said design in the meanwhile.
- GI - What are the international protection systems for GI?
The Paris Convention provides protection of geographical indications against any unauthorized use that is misleading.
The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration administered by World Intellectual Property Organization provides an international registration system for appellations of origin. A country that operates a national system for the protection of appellations of origin can apply for international registration of a given appellation of origin, which is then communicated to the other States party to the Agreement.
The TRIPS Agreement also requires all Members of the World Trade Organization to protect geographical indications, if their unauthorized use would be misleading or would constitute an act of unfair competition.
- Patent - When is an application for patent published by the Patent Office in India?
Every application for patent is published after 18 months from the date of its filing or priority date whichever is earlier. However, following applications are not published.
Application in which secrecy direction is imposed
Application which has been abandoned u/s 9(1) and
Application which has been withdrawn 3 months prior to 18 months
The publication of every application includes the particulars of the date of application, number of application, name and address of the applicant and the abstract.
- TradeMark - What is the worth of trademark and how can it be exploited economically?
A trademark is an incorporeal asset and is also a guardian of the commercial goodwill of a business. Monetary gains can be enjoyed by licensing and assignment of the trademark.
- DESIGN Act - Are the registered designs open for public inspection?
Yes, registered designs are open for public inspection only after publication in the official gazette on payment of prescribed fee of Rs. 500/- on a request made on Form 5.
- Patent - What are the benefits of publication of the application?
The applicant of the patent has the like privileges and rights as if the patent for the invention has been granted on and from the date of publication of application.
However the applicant is not entitled to institute any proceedings for infringement until the patent has been granted.
- TradeMark - Is proof of use necessary for filing a trademark in India?
No, use of mark prior to registration is not mandatory in India. Trademarks that are proposed to be used can also be registered in India.
- DESIGN Act - What is Hague Agreement?
Like any other Intellectual Property Rights, Industrial Design protection is limited to the country in which protection is granted. The Hague Agreement aims at providing a mechanism for securing protection of an industrial design in all the designated member countries by filing a single international application.
India is not yet a member of the Hague Agreement.
- Patent - Can the publication of application be expedited in India?
Yes, the applicant can make a request for early publication in Form 9 along with the prescribed fee. The Patent Office publishes the application after receiving such request within a period of one month provided the invention contained thereon does not relate to atomic energy or defense purpose.
- TradeMark - Is it require to file a statement of use of the trademark at the time of filing an application?
Yes, a statement of use including whether the mark has been in use or is proposed to be used is required to be filed at the time of filing a trademark in India.
- DESIGN Act - How are goods classified under the Designs Act, 2000?
The Indian design classification system is derived from the International classification of Industrial designs, known as Locarno classification.
The Locarno Classification comprises:
a list of classes and subclasses;
an alphabetical list of goods in which industrial designs are incorporated, with an indication of the classes and subclasses into which they fall;
The classes and the subclasses are denoted based on the functional characters of the article.
Example : If the article relates to 'chair' or sofa-cum- bed', the name should be provided accordingly and should be classified under Class 06 and sub-class -01 where it is stated as BEDS AND SEATS since it is classified in functionpurpose oriented manner.
Click here for the complete list from WIPO's website:
- Patent - What is request for examination?
The patent application is examined only after receipt of the request of examination is made by the applicant or any other person interested. Such a request is made on Form 18 along with the fee specified in the first schedule of the Patents Act.
The request for examination can be filed within a period of 48 months from the date of priority or date of filing of the application whichever is earlier. If the request is not made within the stipulated time, the application is deemed to be withdrawn by the applicant.
- TradeMark - How can we know whether similar marks have already been registered in respect of same type of goods in India?
A trademark search can be conducted in India on the Indian Trademark Registry’s Website.
- DESIGN Act - What is the register of designs?
The register of designs is a document maintained by the Patent Office, Kolkata as a statutory requirement.
It contains the design number, date of filing, name and address of proprietor and such other matters that would affect the validity of proprietorship of the design.
- Patent - Can the examination of patent applications be expedited in India?
An express request for examination before expiry of 31 months can be made in respect of the applications filed under Patent Cooperation Treaty known as National Phase applications by payment of the prescribed fee.
- TradeMark - Can a multi class trademark application be filed in India?
Yes, under the Indian trademark law, multi-class trademark applications can be filed in India.
- DESIGN Act - How to retrieve information of a design application from the Indian Patent Office (IPO) website?
One can obtain the status of a design application from the Indian Patent Office website by entering the six-digit design application number in the space provided. The current status of the application would be displayed.
- Patent - What happens to a patent application once it is examined?
Once the application for patent is examined, the Patent office generally issues an examination report to the applicant. Such examination report is known as First Examination Report (FER).
The applicant is given twelve months period from the date of issuance of the FER to comply with the objections raised in the FER. If the applicant is not able to meet the requirement within 12 months, or does not submit the documents which were sent to him for compliance within the said period, the application is deemed to have been abandoned.
If the application is found to be in order for grant, the patent is granted and the letters patent is issued to the applicant.
However if a pre-grant opposition is filed or pending, further action is taken after disposition of the pre-grant opposition.
- TradeMark - What are the grounds for objections or refusal to register a trademark in India?
A trademark can be refused registration under the relative and absolute grounds.
Relative Grounds of Refusal for Registering a Trademark India:
A trademark is refused registration under this category if the trademark is:
Similar or identical to an earlier trademark for the same or similar goods/ services.
Similar or identical to an earlier trademark in respect of different goods/ services.
Absolute Grounds of Refusal for Registering a Trademark India:
A trademark is refused registration under this category if the trademark is:
Devoid of any distinctive character.
Consists exclusively of the marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origins or the time of productions of the foods or rendering of the service or other characteristics of the goods or services.
- Patent - Can a pre-grant opposition be filed in India?
Yes a pre-grant opposition can be filed by any person anytime after the publication of the application under section 11A but before the grant of patent.
The grounds for filing pre-grant opposition are contained in section 25(1) of the Patents Act 1970.
- TradeMark - Which trademark cannot be registered?
A mark shall not be registered as a trademark if-
the mark is likely to deceive the public or cause confusion.
the matter contained or comprised in the mark is likely to hurt religious susceptibilities of any class or section of the citizens of India.
it contains or comprises of scandalous or obscene matter.
its use is prohibited under the Emblems and Names Act, 1950.
- Patent - Can a post-grant opposition be filed in India?
Yes a post-grant opposition can be filed by person interest after the grant of Patent but before the expiry of one year from the date of publication of grant of Patent in the official journal of the Patent Office.
The grounds for filing post-grant opposition are contained in section 25(2) of the Patents Act 1970.
- TradeMark - Where can an application for registration of trademark in India can be filed?
Application for registration of a trademark in India can be filed at any of the five intellectual property offices (located at Chennai, Mumbai, Kolkata, Delhi, and Ahmadabad) depending upon the jurisdiction of the primary place of business of the proprietor/owner or the location of the agent in same of foreign proprietors
- Patent - What all information is comprised in the Patent Office Journal in India?
The Patent office Journal comprises information pertaining to patent applications which are published under section 11A, post grant publication, restoration of patent, notifications, indexes, list of non-working patents and notices Issued by the Patent Office relating to Patents, etc.
- TradeMark - What is the procedure for registering a trademark in India?
The procedure for registering a trademark in India is as follows:-
Trademark application filing in India:- as per the procedure specified in the Trademarks Act.
Examination Report by the Registry:- an examination report is usually issued within three months to one year depending on the back log of the registry.
Reply to examination report- a reply to an examination report has to be filed within a period of one month from the receipt thereof. If the registry is satisfied with the reply, the application shall proceed for advertisement in the Trademarks Journal.
Advertisement in Indian Trademarks Journal- an application is advertised in the Trademarks Journal so as to invite the public for filing an opposition for the mark.
the time period to file a notice of opposition is four months from the date the Trademarks Journal in which the mark has been advertised, has been made available to the public.
where no opposition is filed within the specified time, the application shall proceed to registration.
- Patent - What do the words 'Patent Pending' or 'Patent Applied For' notify?
The patent applicants usually mark their articles with such words after filing application for patent to make the public aware that a patent application has been filed in respect of that invention. The use of such words by the patent applicant does not prohibit the third party to plead as innocent unless the patent number is indicated. However the infringement action can be initiated only after the patent is granted.
- TradeMark - What is the benefit of a registered trademark as compared to unregistered trademark in India?
In case of a registered trademark, an action for infringement lies where the aggrieved can sought civil and criminal reliefs.
- Patent - What is the date of Patent?
The date of Patent is the date of filing the application for patent, accompanied either by provisional or complete specification. In case of a convention or PCT application the priority date is taken as the date of Patent.
The term of Patent is reckoned from the date of Patent.
- TradeMark - What is the period of limitation for filing a suit for infringement of a trademark in India?
Years from the date of infringement.
- Patent - What is the term of Patent in India?
The term of every patent granted under the Patents Act is 20 years from the date of filing of the application for Patent.
- TradeMark - What is the term of registration of a trademark in India?
Years and is renewal every 10years.
- Patent - How can a patentee keep a patent in force for the full patent term?
A patent can be maintained by paying renewal fee every year. If the annuity is not paid, the patent will cease to remain in force and the invention becomes open to public.
- TradeMark - Is a trademark renewal application examined in India?
Yes, the examination includes whether the application has been filed in time and whether the same has been filed by the proprietor of the mark on record.
- Patent - Is it necessary to seek patent office’s permission to file patent application outside India?
The Act provides that in any person resident in India who wishes to file an application for grant of patent outside India has to first file the application in India not less than six weeks before filing the application abroad. However he is required to take permission from the Controller (by filing request on Form 25) if he wishes to first file the application in any country outside India.
- TradeMark - Does the Indian trademark law bestow protection to un- registered trademarks?
An action for passing off lies for infringement of an unregistered trademark.
- Patent - Under what conditions is it necessary to deposit biological material in the international depository authority?
If the invention, for which application for patent is filed, uses a new biological material it is essential to deposit the same in the International Depository Authority (IDA) in order to supplement the description.
In India, the following two institutes have acquired the status of an international depositary authority:
The Institute of Microbial Technology (IMTECH) located at Chandigarh is the International Depository Authority in India.
International Depositary Authority, Microbial Culture Collection (MCC), National Centre for Cell Science (NCCS), University of Pune Campus, Ganeshkhind, Pune-411007, Maharashtra.
- TradeMark - Can a trade mark be removed from the Indian trademark register because of it not being in use after registration?
Yes, if a registered trademark has not been used for a continuous period of five years and three months, it can be removed on an application made in prescribed manner by filing request before trademark Office in India.
- Patent - Does Indian Patent give global protection?
Patents like other Intellectual Property Rights are territorial in nature and therefore are effective only within the territory of India.
However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India.
Separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.
- TradeMark - What is the fee structure for filing and registration of a trademark in India?
The FORMS along with the requisite fee for filing them are set out under the First Schedule which can be accessed at
As per the notification issued by the Government of India, the official fees for the following purposes have been revised w.e.f. August 01, 2014:
Application to register a trademark in one class has been increased from INR 3,500 to INR 4,000
Application to expedite examination of a mark has been increased from INR 17,500 to INR 20,000
- Patent - Does grant or refusal of a patent in one country has implications on its grant or refusal in another country?
Grant of patent is governed by the territorial laws of each country, thereby implying that each country is free to grant or refuse a patent on the basis of their national laws. Granting a patent in one country does not force other countries to grant the patent for the same invention. Also, the refusal of the patent in one country does not mean that it will be terminated other countries.
- TradeMark - How long does it take to get a trademark registered in India?
It may be anywhere from almost a year to several years, depending on the basis for filing and the legal issues that may arise in the examination of the application.
- Patent - What is the Paris Convention?
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, was one of the first intellectual property treaties. It is an international convention for promoting trade among the member countries and was devised to facilitate protection of industrial property simultaneously among member countries without any loss in the priority date.
All the member countries provide national treatment to all the applications from the other member countries.
The Convention has been revised several times since its inception. India became a member of the Paris Convention on December 7, 1998.
- Patent - What are the significant features of the Paris Convention?
Paris Convention ensures the following to its signatories:
Right of priority
Independence of patents
Protection against false indications and unfair competition
Additionally there are a number of international conventions and treaties, which are open only to the members of the Paris Convention. Some of these are enlisted below:
Patent Cooperation Treaty (PCT)
- Patent - What is Patent Cooperation Treaty (PCT) ?
The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970 and entered into force in 1978. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.
Thus an inventor of a member country can simultaneously obtain priority for his Invention in any or all of the member countries, without having to file a separate application in the countries of interest, by designating them in the PCT application. India joined the PCT on December 7, 1998.
The activities of the PCT are coordinated by the World Intellectual Property Organization (WIPO) situated in Geneva.
- Patent - How is PCT useful to the contracting states?
In order to protect the invention in other countries, an applicant is required to file an independent patent application in each country of interest within a stipulated time to obtain priority in these countries. This entails a large investment to meet costs towards filing fees, translation, attorney charges etc.
Additionally due to the short time available, the decision of filing the patent application in other countries is generally not well founded.
Applicants of Contracting States of PCT on the other hand can simultaneously obtain priority for their inventions without having to file separate application in the countries of interest; thus saving the initial investments towards filing fees, translation etc.
The PCT system also provides much longer time for filing patent application in member countries. Under the PCT, the time available could be as much as minimum 20 and maximum 31 months.
Further, an inventor is also benefited by the search report and preliminary examination report prepared under the PCT system to be sure about the novelty and patentability of the invention.
- Patent - What is the procedure of handling the application under the PCT?
The patent office designated by the contracting state becomes a receiving office for receiving patent applications. These applications are referred to International Searching Authorities (ISA) to carry out the patent search on a global basis.
In case the receiving office is also an ISA, a separate referral is not required. There is also a provision to get a patent application examined by international preliminary Examining Authorities which, in most cases are ISA.
- Patent - What is the meaning of delayed processing of the application by the national phase or the regional phase?
A search report on the patent application filed with a receiving office is received by the applicant/inventor 16 months after the priority date.
The International Bureau (IB) of the WIPO publishes the application and the search report 18 months after the priority date.
The original application is then sent to the designated offices indicated in the application. Within two months of this i.e. by the 20th month, the applicant will have to formally apply to the patent offices of these countries for grant of patents by paying official fees and completing other formalities stipulated by these offices. In case translated copies of the application are required, the same has to be furnished by the applicant.
Inspite of submitting the request for grant of patents in designated countries in the 20th month after the priority date, the priority in these countries is the same as the date of filing the original PCT application.
If applicant/inventor has requested for an examination report, the report is usually received by the applicant /inventor about 28 months after the priority date. Within two months of this, the applicant/inventor will have to formally apply for grant of patents in designated countries .The priority of the application is maintained in the designated countries.
- Patent - What are the advantages of the delayed processing?
The benefit of delayed processing is enumerated below:
By the end of the 20th to 31st month the applicant is in a better position to assess the quality of the invention being protected as a detailed search report or an examination report or both would be available to help making an assessment.
Applicants can re-evaluate their decision about filing applications in all the designated countries
The applicants may decide to drop a few countries from the list depending upon the changing market conditions.
Applicants can delay their investment in respect of the national phase or the regional phase applications by 20 to 31 months without the risk of sacrificing priority.
- Patent - Which is the appropriate office in India in relation to international applications?
An international application can be filed in any of the Branch Offices of the Patent Office located at New Delhi, Chennai, Mumbai and Kolkata (Head Office). The addresses of these offices are available on the website of CGPDTM i.e. www.ipindia.nic.in.
- Patent - How can an International Patent Application be filed through PCT?
The International Patent Application through PCT, designating countries of interest can directly be filed at the Indian Patent Office with India as the receiving office. Four copies of the International Application is required to be filed with the Patent Office.
The Patent Office prepares the certified copy of the priority documents and the same is transmitted to the International Bureau (IB) of the World Intellectual Property Organization (WIPO).
A search copy is also sent to the International Searching Authority (ISA). The ISAs conduct and issue search report on the patentability of the invention. The applicant may also consider examination of his application by the International Preliminary Examination Authority.
Depending upon the favorability of International search report and International Preliminary Examination report on Patentability the patent application may enter the national phase of the designated countries.
- Patent - What is the procedure for claiming the fee benefit for Small entity?
In order to claim the fee benefit under the Small Entity category, an official form -Form 28 prior to submitting any other form /fee in case of subsequent filing or along with the Application for Grant of Patent in case of New Application is required to be filed with the Indian Patent Office (IPO). However, no official fee is required to be paid in respect of filing the Form 28 for claiming Small Entity status.
The criteria for “Small Entity” as specified under Micro, Small and Medium Enterprises (MSME) Development Act, 2006 is as follows:
- in the case of enterprises engaged in the manufacture or production of goods, the investment in plant and machinery does not exceed Rupees One Hundred Million i.e. INR 100,000,000;
- in the case of enterprises engaged in providing or rendering of services, the investment in equipment does not exceed Rupees Fifty Million i.e. INR 50,000,000.
For calculating the investment in plant and machinery, the cost of pollution control, research and development, industrial safety devices and such other items as may be specified, by notification, shall be excluded.
The evidence/supporting documents is required to be filed along with the Form 28 with the Indian Patent Office to claim the benefit under the Small Entity status:
As far as Indian entities are concerned, it would be required for them to furnish the evidence of registration under the Micro, Small and Medium Enterprises Act. That is the document substantiating that the company is registered as MSME with the Government of India shall be required to be filed as evidence.
However, in case if in countries outside India, the government provides such provisions of registration as the Small Entity, then the Certified Copy of the said registration shall suffice in this regard. Otherwise the company may be required to furnish its Financial Statements to substantiate that it meets the criteria as specified under Micro, Small and Medium Enterprises Development Act, 2006.
- Consumer Laws - Who is a Consumer ?
Ans. The term consumer has been defined in Sec.2(1)(d) of the Act. Any person who buys any goods or avails any services for a consideration is a consumer. A person who uses such goods or avails of such services with the approval of purchaser is also a consumer. Mere promise to pay consideration is also sufficient. So the purchaser of goods with deferred payment can also be treated as consumer.
However, if a person purchases goods for resale or avails of services for commercial purpose is not a consumer.( In case Vijay Narayan Aggarwal vs Chowgule Industies Ltd, reported as 1993(2) CPJ 231, the National Commission has held that if person is carrying on business on a large scale and he purchases goods for earning profits, the purchase is for commercial purpose and he is not a consumer.)
But the use of goods and availing services by any person exclusively for the purpose of earning livelihood by means of self employment does not amount to commercial purpose
- Weights and Measures - What are Weight & Measures laws? What is the necessity of imposing these laws?
It ensure uniform enforcement of Standards and connected matters in Legal Metrology throughout the country. The Govt. has enacted :
The Legal Metrology Act, 2009 2. The Legal Metrology (Packaged Commodities) Rules, 2011 3. The Legal Metrology (General) Rules, 2011 4. The Legal Metrology (Approval of Models) Rules, 2011 5. The Legal Metrology (National Standards) Rules, 2011 6. The Legal Metrology (Numeration) Rules, 2011 7. The Legal Metrology (Govt. Approved Centre) Rules 2013 8. The Indian Institute of Legal Metrology Rules, 2011 9. The Delhi Legal Metrology (Enforcement) Rules, 2011.
- Consumer Laws - Is a Patient availing medical services of a Doctor or Hospital a consumer ?
Ans. Yes. A person availing medical services of a doctor or hospital is a consumer. However, a person getting such treatment without consideration and availing free services of hospital is not a consumer.
- Weights and Measures - Is there any licence to manufacture, sale or repair Weights & Measures?
Yes, the Department issues licence to the manufacturer, dealer and repairer of Weights & Measures and for dealing in weights & measuring instruments, the licence is a must.
- Consumer Laws - Whether a student is a consumer ?
Ans. Education as such does not come within the perview of the consumer protection act.
But under following situations a student is a consumer:-
« A candidate who pays fee to a university for appearing in examination is a consumer;
« A candidate applying for revaluation of examination paper is a consumer;
« Student of an educational institute is a consumer;
« A candidate applying for a degree certigicate is a consume
- Weights and Measures - How can consumer ensure that any Weights & Measures is standard or not?
Every Weights & Measures used by the dealer is stamped by the Weights & Measures Department after due verification, with a special seal indicating the identification of Legal Metrology Officer and quarter in which it is verified. The validity of such stamped weights is two years whereas in the case of Counter/Beam/Electronic Balances/Platform scale it is one year. Dispensing unit, weigh bridge verification certificate is issued to the user which is required to be displayed at conspicuous place by the trader/user.
- Consumer Laws - What are the rights of a consumer ?
Ans. The consumer has the following rights:-
« the right to be protected against the marketing of goods and services which are hazardous to life and property;
« the right to be informed about the quality,quantity,potency,purity,standard and price of goods or services so as to protect the consumer against unfair trade practices;
« the right to be assured, wherever possible, access to a variety of goods and services at competitive prices;
« the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate for a;
« the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers and
« the right to consumer education.
- Weights and Measures - Who is the competent authority to grant licence?
Controller, is the competent authority to grant the licence. For the convenience of the public W&M Deptt. has been divided into Nine Districts. The applicant can submit his application for grant of licence to the Zonal Officer of the concerned district.
- Consumer Laws - What is a consumer Dispute ?
Ans. Sec.2(1)(e) of the C.P.Act defines the term consumer dispute.
Consumer Dispute means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint.
However, if after the complaint is made , there is no denial by the opposite party in respect of the allegations made therein, there can be no consumer dispute
- Weights and Measures - Who is packer ?
Any person or a firm, which pre-packs any commodity whether in any bottle, tin, wrapper or otherwise in units suitable for sale, is a Packer. Packers need to register themselves with this Department.
- Consumer Laws - What is meant by the term ‘goods' ?
Ans. Under sect.2(1)(i) of the C.P.Act, the term goods means goods as defined in the Sale of Goods Act,1930.
Accordingly,the goods means every kind of moveable property other than actionable claims and money, and includes stock and share, growing crops,grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.
Things like good will,copy right, trade mark,patent, gas, electricity, motor vehicles,ship etc. are also treated as goods.
- Weights and Measures - What is pre-packed commodity?
Any commodity which, is placed in a package without the purchaser being present, is of whatever nature so that the quantity of the product contained therein has a predetermined value which can’t be altered without opening of the package, is a pre-packed commodity.
- Consumer Laws - What is meant by the term ‘service' ?
Ans As per sct.2(1)(o) of the Act, the service means service of any description which may be made available to any potential user. It includes the services like banking, insurance, financing, transport, processing, supply of electicity, board or lodging or both, housing construction, entertainment, amusement,or the purveying of news or other information.
However,it does not include the rendering of any service free of charge or under a contract of personal service. “Where there is relationship like that of master and servant, it is ‘contract of personal service' and is excluded from the perview of the Act.” It is so held in case ‘Indian Medical Association vs V.P.Shantha,1995 SCALE 273.
- Weights and Measures - Can a dealer charge legally more than the maximum retail price mentioned on the package?
No, overcharging is an offence for which the trader can be prosecuted.
- Consumer Laws - What is meant by Spurious goods and service ?
Ans As per sect.2(1)(oo) of the Act,spurious goods and services means such goods services which claimed to be genuine but they are actually not so.
- Weights and Measures - What is calibration?
Verification and stamping of the capacity of the Vehicle Tank or its compartment or any equipment is called Calibration.
- Consumer Laws - What is unfair trade practice?
Ans As per sect. 2(1)(r ) of the Act, “unfair trade practice” means any unfair or deceptive method or practice used for promoting sale or supply of goods or services at the deteriment of the consumers as an unfair trade practice.These include making of a statement which may falsely represent:-
« that the goods provided are of a particular standard, quality, quantity,grade, composition, style or model;
« that the services rendered are of a particular standard, quality or grade;
« that any goods are new which are basically rebuilt,secondhand, renovated, reconditioned or old goods;
« that the goods or services have a particular sponsership,approval or affiliation, performance, characteristics, accessories,uses or benefits;
« that any goods or services are useful for a particular purpose.
Following are also the unfair trade practices:
« giving of a warranty for any goods or services to public not supported by adequate or proper test;
« making a false promise to replace, maintain or repair an article or continue service until it has achieved a particular result;
« making of false claims regarding price of goods or services or
« falsely representing any facts disparaging the goods, services or trade of another person,
« making advertisements for sale or supply at a bargain price of goods or services but not actually intended to be offered at that price. “Bargain price” for this purpose, has been defined as the price that has been stated in any advertisement to be the bargain price, by reference the ordinary price or the price that a person may reasonably understand to be the bargain price in terms of the advertisement.
The other common unfair trade practices are:-
« offering of gifts or prizes with the intention of actually not providing them and covering them fully or partly by the amount charged in the transaction;
« conduct of contests, lotteries, games of chance or skill to promote sale, use of supply of the prduct or business interests;
« withholding final results or information about any gifts or prizes offered in connection with some transaction;
« sale or supply of goods complying with the prescribed standards with respect of content, composition, design,finishing or packaging;
« hoarding or destruction of goods or refusal to sell goods or provide services intended to raise their cost;
manufacture or sale of spurious goods; and
adopting deceptive practices in the provision of services.
- Weights and Measures - What is the validity period of any Weight or Measure?
Name of the Weights Validity Period
Cast Iron Weights Two Years
Bullion Weights Two Years
Counter Machine Two Year
Beam Scale Two Year
Electronic Scale One Year
Platform Machine One year
Steel Meter One year
Volume measures Two year
Peg measures One year
For the facility to the public the Government have created four Quarters (A) Jan. to March (B) April to June (C) July to September (D) October to December. For example:- Any Weight or Measure got verified in January it can be re-verified up to next due (A) Quarter i.e, within January to March without any penalty.
- Consumer Laws - In what form the fee is to be paid ?
Ans The fee is to be paid in the form of crossed Demand Draft drawn on a nationalized bank or through a crossed Indian Postal Order in favour of the President of the District Forum, Registrar of the State Commission or the National Commission as the case may be, and that shall be payable at the respective place wher the district forum,the state commission or the national commission is situated.
Enforcement of orders of the Forum.
- Weights and Measures - Who is the competent Authority for grant of Licence to Packer/Manufacturer/ Dealer/Repairer in Weights & Measures?
The Controller, Weights & Measures is the competent Authority to grant Licence for Manufacturer/ Dealer/ Repairer in Weights & Measures. Registration as Packer/Manufacturer/Importer of packaged commodities is also done by the controller.
- Consumer Laws - Does a complainant has to pay fee alongwith the complaint?
Ans Yes, the complaint has to be accompanied by a fee as specified in the table given under Rule 9A of the consumer protection Rules,1987.
- Weights and Measures - What are the precautions to be taken by a person while purchasing Pre-Packed Commodities from Whole seller/ Supplier/ Manufacturer/ Shopkeeper?
Every person who either purchase or sells any Commodity in Pre-packed shape should ensure that it bears the following declarations:- a. Name and complete address of the Manufacturer, Packer and / or importer of the packaged commodities. b. Net contents in terms of weight, volume or number. c. Date of manufacture/packing/import of the commodity (month and year). d. Maximum Retail Price (inclusive of all taxes). e. Generic name of the commodity. f. Customer Care Number with name, address, Telephone No. of the person/office which can be contacted in case of consumer complaints. g. Size, if applicable Note: For detail please see Rules 6 of Legal Metrololgy (Packaged Commodities) Rules, 2011.
- Consumer Laws - Does a complainant need to engage a lawyer ?
Ans. No. It is not necessary to engage a lawyer. Regulation no.26 (4) of the Consumer Protection Regulations,2005, specifies that the consumer forum shall not insist upon the parties to engage advocates.
( Engaging an advocate only increases the chances of winning the case ).
- Weights and Measures - What are the requirements while purchasing the IMPORTED Items?
The followings are the compulsory declaration required on a packet which have been imported and available for sale:
a. Name and complete address of the Manufacturer, Packer and / or importer of the packaged commodities.
b. Net contents in terms of weight, volume or number.
c. Date of manufacture/packing/import of the commodity (month and year).
d. Maximum Retail Price (inclusive of all taxes).
e. Generic name of the commodity.
f. Customer Care Number with name, address, Telephone No. of the person/office which can be contacted in case of consumer complaints.
g. Size, if applicable
- Consumer Laws - Who can file a complaint ?
Ans A complaint can be filed by :-
« a consumer; or
« any voluntary consumer association registered under the companies act,1956 or under any other law for the time being in force; or
« the central Govt. or any state Govt.; or
« one or more consumers, when there are numerous consumers having same interest; or
« in case of death of a consumer, the legal heir or representative.
- Weights and Measures - What are the items on which the Packaged Commodities Rules, 2011 are not applicable?
The following are the items on which the Packaged Commodities Rules, 2011 are not applicable:- 1. Packages of commodities containing quantity of more than 25 kg or 25 ltrs excluding cement and fertilizer sold in bags up to 50 kg. 2. Packaged commodities meant for industrial consumers or institutional consumers only. 3. Fast food items packed by Restaurant/hotel etc. 4. It contained scheduled formulations and non-scheduled formulations covered under the Drugs (Price Control) Order, 1995 made under section 3 of the Essential Commodities Act, 1955 (10 of 1955) 5. Agriculture farm produces in packages of above 50 Kg. 6. The net weight or measure of the commodity is ten gram or ten milliliter or less, if sold by weight or measure. Note: For details please see Rule 26 of the Legal Metrology (Packaged Commodities) Rules, 2011.
- Consumer Laws - What is ‘defect' ?
Ans. As per sect.2(1)(f) of the Act , the defect means any kind of fault , imperfection or shortcoming in the quality, quantity, potency or standard of goods, which are required to be maintained under any law, contract or usage or practice in a trade.
- Weights and Measures - Can a person sell or use unstamped weights or measures?
No, Weights or Measure shall be sold or offered, exposed or possessed for sale or used or kept for use in any transaction or for industrial production or protection unless it has been verified & stamped that too by a licenced manufacturer/dealer of Weights & Measures.
- Consumer Laws - What is the complaint ?
Ans Under sect. 2 (1)(c) of the Act, the complaint means any allegation made in writing by a complainant that –
an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;
the goods bought by him or agreed to be bought by him suffer from one or more defects
the services hired or availed of agreed to be hired or availed of by him suffer from deficiency in any respect;
the trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—
« fixed by or under any law for the time being in force;
« displayed on the goods or any package containing such goods;
« displayed on the price list exhibited by him or under any law for the time being in force;
« one or more consumers, when there are numerous consumers having same interest; or
« agreed between the parties;
goods which will be hazardous to life and safety when used are being offered for sale to the public-
« in contravention of any standards relating to safety of such goods as required to be complied with , by or under any law for the time being in force;
« if the trader could have known with due diligence that the goods so offered are unsafe to the public.
« services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety;
with a view to obtain any relief under the Act.
- Weights and Measures - Is the licence issued under Weight & Measure Act transferable?
No, A licence issued or renewal under this Act is not saleable or otherwise transferable.
- Consumer Laws - What is deficiency ?
Ans As per sect. 2(!)(g) of the Act, the deficiency means any fault, imperfection,shortcoming or inadequacy in the quality,nature and manner of performance n rendering any service required to be maintained under any law, contract or otherwise.
- Weights and Measures - What is the penalty, if a person fails to get the weights or measure, verified or re verified in due time?
Whoever, being required to present any weight or measure for verification or re-verification, omits or fails without any reasonable cause to do so, shall be punished with fine of five thousand rupees and such weight or measure can be seized on inspection.
- Consumer Laws - Where an appeal against the orders of District Forum lies ?
Ans. An appeal against the orders of district forum can be filed before its respective State Consumer DisputeRedressal commission.
- Weights and Measures - Is the licence for manufacturers/repairers/dealers of any weights & measures is compulsory under the Legal Metrology Act, 2009. If yes, what are the fees for the licencees & requirements of the Department?
Yes, under rule 11 of the Delhi Legal Metrology (Enforcement) Rules, 2011, no person shall make, manufacturer, repair, sell any weight or measure unless he holds a valid licence. The fees for the Licenses have been prescribed under Schedule IV of the Delhi Legal Metrology (Enforcement) Rules, 2011 and the guidelines have been given along with the prescribed application form which is also available on the Department Website www.weights.delhigovt.nic.in
- Consumer Laws - What is restrictive trade practice ?
Ans As per sect. 2(1)(nnn) o the Act, restrictive trade practice means any trade practice which tends to bring about manipulation of price of goods or services or their conditions of delivery or flow of supplies insuch a manner as to impose on the consumers unjustified costs or retrictions
It also include:
« delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price;
« any trade practice which requires a consumer to guy,hire or avail of any goods or,as the case may be,services as condition precedent to buying, hiring,availing of other goods or services
- Weights and Measures - Where the consumer can complain in case he finds any violation of Weights & Measures Laws?
He can complain in the Office of Controller of Weights & Measures or in the Office of concerned District.
- Consumer Laws - What is the limitation for filing an appeal?
Ans An appeal against the orders of District forum can be filed before the State commission within the period of thirty days from the date of such order.
However,the state commission may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within that period.
Further, the appellant has to deposit fifty per cent of the decree amount or twenty-thousand rupees,which ever less.
- Weights and Measures - What is the penalty if a person uses faulty weights or measures?
The persons can be fined of Rs. 5000/- and for second or subsequent offence, the persons could face imprisonment.
- Consumer Laws - How the orders of Forum are enforced ?
Ans If the interim order of aForum is not complied with the relevant forum may order for attachment of the property of the person concerned, which shall remain force for three months,and if the non-compliance continues, the property so attached may be sold and out of the proceeds thereof the damages may be awarded to the complainant and the balance amount paid to the parties entitled thereto.
Further, if any amount becomes due to any person under the orders of a Forum, he can make an application to such forum for issuance of a recovery certificate to the collector of the district to recover the same as arrears of land revenue. (sect.25 of the Act).
- Weights and Measures - What is the penalty if a person charges more than MRP?
He shall be punished with fine which may extend to Rs. 2000/- per partners/Directors as per constitutional status of the firm/company.
- Consumer Laws - Can a person who fails or omits to comply with any order of a Forum, be punished?
Ans Yes. If any person fails or omits to comply with the order of a Forum, he may be punished with imprisonment up to three years or with fine o f Rs.2000/- which may extend to Rs 10,000/- or with both.
Limitation and Appeal.
- Weights and Measures - Is it mandatory for the user of Weights & Measures that he gets them verified and stamped only through licensed Dealer / Repairer?
No, it is not mandatory. The user himself can get the Weights & Measures verified & stamped from the legal metrology officer of concerned District
- Consumer Laws - Is there any limitation for filing a complaint?
Ans Yes,there is a limitation of two years for filing a complaint. A complaint can be filed within the period of two years from the date on which the cause of action has arisen.
However, a complaint may be entertained after the period of two years, if the complainant satisfies the Forum that he has sufficient cause for not filing the complaint within such period and the Forum records its reasons for condoning such delay.
- Weights and Measures - Can any person use for commercial purpose any non verified weights & Measures?
No, a person cannot use any unverified & unstamped Weights & Measure in any circumstances. He must use weights & Measures verified and stamped from Weights & Measures department.
- Consumer Laws - What else is important about Consumer Laws?
Ans. Please go through the following additional tips and provisions of Consumer Protection Act.
- the consumers must have a proof of having purchased the goods or availed of the services.
- the consumer must ensure that all the relevant facts in support of his case are clearly and specifically stated in the complaint.
- the complainant shall file the complaint in the district forum in whose jurisdiction the Opposite Party has is residing or working for gain or having any office or in whose jurisdiction the cause of action has arisen. the consumers should ensure that prescribed fee is paid through crossed Demand Draft / or Indian Postal Order.
- the complaint is instituted in the proper forum within the period of two years from the date of cause of action.
- the last para of the complaint should state in the Prayer Clause, the relief, compensation etc. sought from the Forum.
Be careful about the Consumer Forum where the case is to be filed.
Section 11 of Consumer Protection provides in this regards as follows. Jurisdiction of the District Forum.—
(1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs.
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—
(a) The opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
(b) Any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
(c) The cause of action, wholly or in part, arises.
Pay required Court Fees Prescribed fee for making complaint
- District Forum:
upto one lakh rupees Rs. 100
Nil for BPL
Above one lakh & upto five lakh Rs. 200
Above five lakh & upto ten lakh Rs. 400 Above ten lakh & upto twenty lakh Rs. 500
- State Commission:
Above twenty lakh & upto fifty lakh Rs. 2000
Above fifty lakh & upto one crore Rs. 4000
- National Commission:
Above one crore rupees Rs. 5000
The consumers forum shall have Jurisdiction to entertain complaint
- If claim is = Rs.20 lacs, in the District Consumer Disputes Redressal forum (DCDRF).
- If >Rs.20 lacs < Rs.1 crore, in the State Consumer Disputes Redressal Commission,
- If >Rs.1 crore, in the National consumer Disputes Redressal Commission, a-wing, Janpath Bhavan, New Delhi-110011
- Weights and Measures - Who is the competent authority to register any person who intends to import or export any Weights & Measures?
Registration of importer is done by the Director Legal Metrology, Govt. of India.
- Weights and Measures - What are the instances where stamping and verification is not necessary under the Legal Metrology Act, 2009?
The provisions of this Act, in so far as they relates to the verification and stamping of Weights & Measures, shall not apply to any Weights & Measures which is (a) Used in any factory exclusively engaged in the manufacture of any arms, or ammunition or both, for the use of the armed forces of the union. (b) Used for scientific investigation or for research. (c) Manufactured exclusively for export.
- Weights and Measures - What are the words or expression which can not be used on the pre-packed commodities?
The following words or expression of a similar nature shall not be used which create misleading or inadequate impression: ‘Jumbo’, ‘Giant’, ‘full’, ‘family’, ‘huge’, ‘extra’, ‘economy’, ‘large’, ‘colossal’, ‘king’, ‘queen’
- Weights and Measures - Where to make application for registration as Packer or importer?
Application can be made in the Office of Controller Weights & Measures.
- Weights and Measures - Can a packer may paste stickers on printed MRP on the plea of rate revised?
- Weights and Measures - Can a chemist may overcharge beyond MRP on plea that medicine are not covered under Weights & Measures Rules?
Yes, if the drug is covered under the Drugs (Price control) order.
- Weights and Measures - Where the complaint regarding short delivery of LPG / Petrol can be made?
In the office of controller or the concerned district office
- Weights and Measures - What is the penalty if short weight cylinders are sold?
The person can be prosecuted by the Department and a fine of Rs. 10000.00 can be imposed upon the accused.
- Weights and Measures - Where are courts of Weights & Measures Department made to protect the rights of the consumers? Can anybody lodge the complain there ?
The complainant can file the complaint at the Head Office of the Department or any of its Zonal/District office either by writing or on telephone. The Department files complaint against the accused parties before the Hon’ble Courts of Metropolitan Magistrate, Karkarduma & Patiala House Courts.
- Weights and Measures - Where complaints can be made of Weights & Measures Deptt. about short Weighment? If there is necessary to disclose identity to make such complaints ?
Complaints can be made to the Controller or any district office over telephone or in writing or by email.
- Weights and Measures - Where complaints can could be made against the officials of the department ?
In the Office of 1) Controller or 2) Director Vigilance or 3) Principal Secretary cum Commissioner Food & Supplies, K-Block, Vikas Bhawan, New Delhi-110 002.
- Weights and Measures - What work is looked after by the Weights & Measures District Offices ?
The Weights & Measures Districts take care of the stamping and verification of Weights & Measures like Petrol Pumps, Weights, Electronic and Mechanical Weighing Machines and also keep a check on the accuracy of Weights & Measures in Delhi
- Weights and Measures - How the stamping is done in the Weights & Measures District ?
Every Weights & Measures is checked for accuracy and after submitting the prescribed Govt fees, the Weights & Measures stamped by the special seal provided by the District and verification Certificate is issued simultaneously, the request has to be made for the stamping.
- Weights and Measures - How the Weights & Measure District organized ?
The Weights & Measures is organised in the nine districts and the work of verification is looked after district wise. The District is looked after by the Zonal Officer along with Legal Metrology Officer and Manual Assistant. The Govt. fees is deposited district wise and the verification is done in the labs in Nine districts itself and the Verification Certificates are issued from there itself.
- Weights and Measures - What is the process of verification / stamping of Weighing and Measuring instruments used by the commercial establishment?
The step by step process of verification / stamping of Weighing and measuring instruments used by the commercial establishments is given as under : In case of new Weights & Measures instruments :
1. The manufacturer of the weighing and measuring instruments is responsible for getting initial stamping done in r/o the instruments manufactured by him, before they are sold in the market.
2. The manufacturer or his authorized representative brings the weighing and measuring instruments to the concerned zonal / district laboratory of W&M Department on the laboratory days.
3. These goods were counted and checked by the manual assistant at the entry of laboratory / district office and a gate pass is issued in r/o these items.
4. Then the requisite fees for the stamping / verification is deposited by the manufacturer or his authorized representative at the cash counter.
5. After the fees is deposited, the weighing & measuring instruments are tested in the laboratory for their accuracy.
6. If these instruments were found to be within their accuracy limits, they were stamped by the concerned Legal Metrology Officer and a verification certificate is issued in r/o those instruments which passes the accuracy test. The stamp of the Legal Metrology Officer shows the ID No. of the LMO, year of stamping and the quarter in which the instrument is stamping (i.e. A, B, C, D). Further, the verification certificate mentions about the date of verification / stamping, next due date, type & class of instrument verified and its maximum permissible error.
7. Instruments which fails the accuracy tests were rejected by the Legal Metrology Officer concerned and the manufacturer is asked to get them rectified before they can be stamped.
8. Goods were taken out of the zonal/district laboratory only after the gate pass issued is presented by the manufacturer or his representative.
In case of old / used Weights & Measures instruments : The procedure for verification / stamping of old instruments is the same as that of the new goods except that the old instruments were brought to the zonal / district laboratories by the owner of these instruments or they are brought by the licenced repairer of these instruments after repairing them. In case the goods are brought by the repairers, they should be duly authorized by the owners to get them verified / stamped at the zonal laboratories. In some cases, if at the request of the user of weight or measure, verification is done at any premises other than the office or camp office of the LMO, an additional fee shall be charged at half the rates as specified in Schedule IX and the user of weights and measures shall pay the expenses incurred by the legal metrology officer for visiting the premises including the cost of transporting and handling the working standard and other equipment, subject to a minimum of rupee one hundred. Moreover, no additional fees is payable in case of vehicle tanks, dispensing pumps, weigh-bridges, dormant platform machines and such other weight or measure which cannot, and should not be moved from its location and weights & measures stamped in the premises of a manufacturer or stockists of such weight and measures. If a weight or measure is presented to the legal metrology officer for re-verification after expiry of the validity of the stamp, an additional fee at half the rates specified in Schedule IX shall be payable for every quarter of the year or part thereof. Section 24 of the Legal Metrology Act, 2009 and Rule 14 & 15 of the Delhi Legal Metrology (Enforcement) Rules, 2011 deals with the verification / stamping of weights or measures.
- Weights and Measures - Is this mandatory to get verification stamp on taxi meters ?
Yes, it is mandatory to get the verification stamp of this Department on the auto / taxi meters.
- Weights and Measures - Can Taxi Meters be manipulated, how can the consumers made aware of any such possibility ?
No manipulation can be done in the auto / taxi meters, without opening / breakage of seal. The seal / stamp of this Department is affixed on the meter of the auto / taxi and is visible at the back of the meter. Consumer can check the accuracy of the meter by verifying that the meter downing is Rs. 25/- in case of autorickshaws and Rs. 25/- in Taxis. Further, if the meter shows an increment of Rs. 0.85 per 100 meter in auto rickshaws and Rs. 1.40 per 100 meters in Taxis than the meter can be said to be not manipulated.
- Weights and Measures - What are the penalties for breakage of seal of the dispensing units used in petrol pumps ?
Under the provisions of Section 26 of the Legal Metrology Act, 2009, whoever tempers with or alters in any way any weights or measures with a view to deceiving any person or having reason to believe that any person is likely to be deceived thereby, except where such alteration is made for the correction of any error noticed therein on verification, shall be punished with fine up to Rupees Fifty Thousand and for the second or subsequent offence with imprisonment for a term which shall not be less than six months but which may extend to one year or with fine or with both.
- Weights and Measures - How can a consumer ensure that any W & M equipment used are according to standards ?
Consumer can ensure the accuracy of the weights & measures equipment by checking the verification stamp/seal of the Legal Metrology Officer on the equipment. The seal / stamp show the code / ID no. of the legal metrology officer, year and quarter of verification of the equipment. Also, the users of weights & measures equipment are supposed to display the verification certificate issued by this Department at the conspicuous place in their establishment. Further, as per the sub-rule 4 & 5 of Rule-21 of the Delhi Legal Metrology (Enforcement) Rules, 2011 every user of weight or measures: (a) To ensure a proper check of the accuracy of a weighing instrument the user shall keep at the site of each weighing instrument duly verified and stamped weights equal to one-tenth of the capacity of the instrument or one tonne capacity of weights and consumer can also check the accuracy of weighting instruments. (b) To ensure proper delivery of the Petrol / Diesel pumps the retail dealer of the pump shall keep a verified five litre/ten litre capacity measure in his premises and check the output from the pump every day to ensure its correct delivery. In case of any short delivery the dealer shall stop the delivery through the pump immediately and inform the legal metrology officer concerned to recalibrate the pump.
- Weights and Measures - What is the process to issuance of license for Manufacturer / Dealer / Repairer of equipments of weight and measures ? What is the criteria kept in mind ?
The process & the criteria of issuance of license for Manufacturer / Dealer / Repairer of weights & measures have been mentioned in the guidelines issued by this Department for the issue of licences.
- Weights and Measures - What are the conditions under which a license can be cancelled ? Are there any other penalties for alteration in Weights & Measures equipments ?
License for manufacturer / dealer / repairer of the weights & measures can be cancelled if the licencee violates any of the conditions as specified in the guidelines for issue of licences or in case the licencee submits false information for obtaining licence. Section 23 of the Legal Metrology Act, 2009 read with Rule 12 of the Delhi Legal Metrology (Enforcement) Rules, 2011 deals with the suspension and cancellation of licences.
- Weights and Measures - Does this department address issues of consumer rights in relation to Weights & Measures?
- Weights and Measures - What is the procedure to lodge complaint against the officials of the Weights & Measures Department and against the business establishments for violation of the provisions of Weights & Measures laws ?
Complaints against the officials of the Weights & Measures Department and against the business establishments can be lodged at the office of the Controller (W&M) by letter, telephone (Ph. 23379266), Fax (23379267) or through e-mail at email@example.com.
- Weights and Measures - What is the process of registration of Packer / Manufacturer / Importer of Packaged Commodities ?
The registration of packer / manufacturer / importer is done by the Controller (W&M). The applications for registration were received in the zonal / district offices of this Department on the basis of the area of their jurisdiction. On the receipt of the application, it is scrutinized by the zonal officer concerned or the official deputed by him and if it is found in order as per the guidelines issued, he receives the registration fees. The zonal officer then puts up the certificate of registration to the Controller (W&M) for his approval & signature.
Politics and Elections
- Is it necessary for an association to get registered by the Election Commission?
It is not necessary for every association to get registered by the Election Commission. Only an association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of Part-IV-A of the Representation of the People Act, 1951, (relating to registration of political parties) is required to get itself registered with the Election Commission of India.
- What are the benefits of registration with the Election Commission of India?
The candidates set up by a political party registered with the Election Commission of India will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates. Further, registered political parties, in course of time, can get recognition as `State Party’ or National Party’ subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time. If a party is recognised as a State Party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the State of States in which it is so recognised, and if a party is recognised as a `National Party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India. Recognised `State’ and `National’ parties need only one proposer for filing the nomination and are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over Akashvani/Doordarshan during general elections.
- What are the criteria for recognition of a party?
A political party shall be treated as a recognised political party in a State, if and only if either the conditions specified in Clause (A) are, or the condition specified in Clause (B) is, fulfilled by that party and not otherwise, that is to say-
(A) that such party –
has been engaged in political activity for a continuous period of five years; and
has, at the last general election in that State to the House of the People, or, as the case may be, to the Legislative Assembly of the State, returned-
either ( i ) at least one member to the House of the People for every twenty-five members of that House or any fraction of that number from that State;
or (ii) at least one member to the Legislative Assembly of that State for every thirty members of that Assembly or any fraction of that number;
(B) that the total number of valid votes polled by all the contesting candidates set up by such party at the last general election in the State to the House of the People, or as the case may be, to the Legislative Assembly of the State, is not less than six per cent of the total number of valid votes polled by all the contesting candidates at such general election in the State.
2. The conditions in Clause (A) or Clause (B) above shall not be deemed to have been fulfilled by a political party, if a member of the House of the People or the Legislative Assembly of the State becomes a member of that political party after his election to that House or, as the case may be, that Assembly.
3. 'State’ includes the National Capital Territory of Delhi and the Union Territory of Pondicherry.
4. If a political party is treated as a recognised political party in four or more States, it shall be known as a `National Party’ throughout the whole of India, but only so long as that political party continues to fulfill thereafter the conditions for recognition in four or more States on the results of any subsequent general election either to the House of the People or to the Legislative Assembly of any State.
5. If a political party is treated as a recognised political party in less than four States, it should be known as a `State Party’ in the State or States in which it is so recognised, but only so long as that political party continues to fulfill thereafter the conditions for recognition on the results of any subsequent general election to the House of the People or, as the case may be, to the Legislative Assembly of the State, in the said State or States.
- What is the procedure for registration?
An application for registration is to be submitted to the Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110001 in the proforma prescribed by the Commission. The Performa is available on request by post or across the counter from the office of the Commission. The proforma and necessary guidelines are also available on the Commission's website under the main heading Judicial References, sub-heading Political Party and sub-sub-heading Registration of Political Parties(Click Here). The same can be downloaded from there also. The application should be neatly typed on the party’s letter head, if any, and it should be sent by registered post or presented personally to the Secretary to the Election Commission within thirty days following the date of formation of the party.
2. The application must be accompanied by the following documents/information:-
(i) A demand draft for Rs. 10,000/- (Rupees Ten Thousand Only) on account of processing fee drawn in favour of Under Secretary, Election Commission of India, New Delhi. The processing fee is non-refundable.
(ii) A neatly typed/printed copy of the memorandum/rules and regulations/Constitution of the Party containing a specific provision as required under sub-section (5) of Section 29A of the Representation of the People Act, 1951 in the exact terms, which reads "---------------(name of the party) shall bear true faith and allegiance to the constitution of India as by law established, and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India". The above mandatory provision must be included in the text of party constitution/rules and regulations/memorandum itself as one of the Articles/clauses.
(iii) The copy of the party Constitution should be duly authenticated on each page by the General Secretary/President/Chairman of the Party and the seal of the signatory should be affixed thereon.
(iv) There should be a specific provision in the Constitution/rules and regulations/memorandum of the party regarding organizational elections at different levels and the periodicity of such elections and terms of office of the office-bearers of the party.
(v) The procedure to be adopted in the case of merger/dissolution should be specifically provided in the Constitution/rules and regulations/memorandum.
(vi) Certified extracts from the latest electoral rolls in respect of at least 100 members of the party (including all office-bearers/members of main decision-making organs like Executive Committee/Executive Council) to show that they are registered electors.
(vii) An affidavit duty signed by the President/General Secretary of the party and sworn before a First Class Magistrate/Oath Commissioner)/ Notary Public to the effect that no member of the party is a member of any other political party registered with the Commission.
(viii) Individual affidavits from at least 100 members of the party to the effect that the said member is a registered elector and that he is not a member of any other political party registered with the Commission duly sworn before a First Class Magistrate/Oath Commissioner)/Notary Public. These affidavits shall be in addition to the furnishing of certified extracts of electoral rolls in respect of the 100 members of the applicant party mentioned at (vi) above.
(ix)Particulars of Bank accounts and Permanent Account Number, if any, in the name of the party.
(x)Duly completed CHECK LIST alongwith requisite documents prescribed therein.
3. The application along with all the required documents mentioned above should reach the Secretary to the Commission within 30 days following the date of formation of the party.
4. Any application made after the said period will be time-barred.
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