Section 39 of The Geographical Indications of Goods (Registration and Protection) Act, 1999 in hindi
Penalty for applying false geographical indications.
Any person who,--
- (a)falsifies any geographical indication; or
- (b)falsely applies to goods any geographical indication; or
- (c)makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a geographical indication; or
- (d)applies to any goods to which an indication of the country or place in which they were made or produced or the name and the address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 71, a false indication of such country, place, name or address; or
- (e)tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 71; or
- (f)causes any of the things above-mentioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.
Summary
- This provision sets the punishment for faking marks or using fake ones.
- It covers people who make fake marks, apply them to goods, or own machines used to make fakes.
- It also punishes people who tamper with origin labels required by the government.
- The standard jail time is between six months and three years.
- The standard fine is between fifty thousand rupees and two lakh rupees.
- You can avoid punishment if you prove you did not intend to cheat or defraud anyone.
- A judge can give a smaller sentence if they write down special reasons for doing so.
Practical examples
FAQ
1. What is the minimum fine for faking marks under Section 39 of the Geographical Indications Act?
Under Section 39 of the Geographical Indications Act, the minimum fine is fifty thousand rupees, though it can go as high as two lakh rupees.
2. Can I go to jail for possessing a machine that makes fake logos under Section 39 of the Geographical Indications Act?
Yes, Section 39 states that anyone who has a machine or instrument for the purpose of falsifying an indication can be punished with imprisonment.
3. What is the defense for a charge under Section 39 of The Geographical Indications of Goods (Registration and Protection) Act, 1999?
You can be found not guilty if you prove that you acted without intent to defraud, which means you did not mean to trick or cheat anyone.
4. Is there a way to get a lighter sentence than six months under Section 39 of the Geographical Indications Act?
Yes, a court can impose a lower sentence if there are adequate and special reasons, which must be mentioned in the written judgment according to Section 39.
Test yourself
1.Under Section 39 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, what is the maximum term of imprisonment for applying a false indication?
2.What is the minimum term of imprisonment generally required by Section 39 of the Geographical Indications Act?
3.Under Section 39 of the Geographical Indications Act, which activity is listed as an offence?
4.According to Section 39 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, what must a court do if they decide to give a sentence lower than the minimum?