Lawgist47Exemption of certain persons employed in ordinary course of business
Where a person accused of an offence under section 39 proves,--
(a) that in the ordinary course of his business he is employed on behalf of other persons to apply geographical indications, or as the case may be, to make dies, blocks, machines, plates, or other instruments for making, or being used in making, geographical indications;
(b) that in the case which is the subject of the charge he was so employed, and was not interested in the goods or other thing by way of profit or commission depend on the sale of such goods;
(c) that, having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the geographical indication; and
(d) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the geographical indication was applied,
he shall be acquitted.
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- 37 Meaning of applying geographical indications
- 38 Falsifying and falsely applying geographical indications
- 39 Penalty for applying false geographical indications
- 40 Penalty for selling goods to which false geographical indication is applied
- 41 Enhanced penalty on second or subsequent conviction
- 42 Penalty for falsely representing a geographical indication as registered
- 43 Penalty for improperly describing a place of business as connected with the Geographical Indications Registry
- 44 Penalty for falsification of entries in the register
- 45 No offence in certain cases
- 46 Forfeiture of goods
- 47 Exemption of certain persons employed in ordinary course of business
- 48 Procedure where invalidity of registration is pleaded by the accused
- 49 Offences by companies
- 50 Cognizance of certain offences and the powers of police officer for search and seizure
- 51 Costs of defence of prosecution
- 52 Limitation of prosecution
- 53 Information as to commission of offence
- 54 Punishment for abetement in India of acts done out of India
