Discuss the liability of a company for committing an offence of falsely representing a trade mark as registered under the Trade Mark Act, 1999.
CS Executive · Economic and Commercial Laws · PYQS · June 2021
Discuss the liability of a company for committing an offence of falsely representing a trade mark as registered under the Trade Mark Act, 1999.
Answer & Explanation:
As per Section 107 of the Trade Marks Act, 1999 if a person falsely represent a trade mark as registered, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. If the person committing an offence under Trade Marks Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly under Section 114. But such person is not liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
Topics: Trade Marks Act, 1999
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