Lawgist112Exemption of certain persons employed in ordinary course of business
Where a person accused of an offence under section 103 proves--
(a) that in the ordinary course of his business he is employed on behalf of other persons to apply trade marks or trade descriptions, or as the case may be, to make dies, blocks, machines, plates, or other instruments for making, or being used in making, trade marks; and
(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 dependent on the sale of such goods or providing of services, as the case may be; and
(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 trade mark or trade description; 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 trade mark or trade description was applied,
he shall be acquitted.
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- 101 Meaning of applying trade marks and trade descriptions
- 102 Falsifying and falsely applying trade marks
- 103 Penalty for applying false trade marks, trade descriptions, etc
- 104 Penalty for selling goods or providing services to which false trade mark or false trade description is applied
- 105 Enhanced penalty on second or subsequent conviction
- 106 Penalty for removing piece goods, etc., contrary to section 81
- 107 Penalty for falsely representing a trade mark as registered
- 108 Penalty for improperly describing a place of business as connected with the Trade Marks Office
- 109 Penalty for falsification of entries in the register
- 110 No offence in certain cases
- 111 Forfeiture of goods
- 112 Exemption of certain persons employed in ordinary course of business
- 113 Procedure where invalidity of registration is pleaded by the accused
- 114 Offences by companies
- 115 Cognizance of certain offences and the powers of police officer for search and seizure
- 116 Evidence of origin of goods imported by sea
- 117 Costs of defence or prosecution
- 118 Limitation of prosecution
- 119 Information as to commission of offence
- 120 Punishment of abetment in India of acts done out of India
- 121 Instructions of Central Government as to permissible variation to be observed by criminal courts
