Section 121 of The Trade Marks Act, 1999 in hindi — Instructions of Central Government as to permissible variation to be observed by criminal courts

Bare section text

Official Legislative Text

The Central Government may, by notification in the Official Gazette, issue instructions for the limits of variation, as regards number, quantity, measure, gauge or weight which are to be recognised by criminal courts as permissible in the case of any goods.

Educational Study Layer

Summary

This section gives the Central Government the power to define acceptable margins of error for product measurements in criminal courts.
It applies to variations in the number, quantity, measure, gauge, or weight of any goods.
The government must publish these instructions through a notification in the Official Gazette.
Criminal courts are required to recognise these official limits as permissible variations during trials.

Practical examples

1Amit sells sugar packets labelled as 1 kilogram, but a consumer inspector finds they only weigh 995 grams. The court looks at the Central Government's notification to see if a 5-gram shortage is a permissible variation before declaring it a criminal offence.

2A factory produces metal sheets with a specified gauge thickness. If a police officer finds a slight deviation in the thickness, the factory owner can rely on the official limits of variation to avoid criminal penalties.

FAQ

1. Who sets the limits of variation under Section 121 of The Trade Marks Act, 1999?

Under Section 121 of The Trade Marks Act, 1999, the Central Government has the authority to set the limits of variation for goods.

2. How are permissible variations officially announced according to Section 121 of The Trade Marks Act, 1999?

According to Section 121 of the Act, the Central Government issues instructions regarding permissible variations by publishing a notification in the Official Gazette.

3. What product measurements does Section 121 of the Trade Marks Act cover?

Section 121 of the trademark law covers variations in the number, quantity, measure, gauge, or weight of any goods.

Practice Quiz

Q1.Which authority is empowered to issue instructions regarding permissible variations under Section 121 of The Trade Marks Act, 1999?

Q2.How must the instructions about permissible variations be issued under Section 121 of The Trade Marks Act, 1999?

Q3.Which of the following is NOT listed as a type of permissible variation under Section 121 of The Trade Marks Act, 1999?

Q4.Which courts are required to recognise the permissible variations established under Section 121 of The Trade Marks Act, 1999?

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