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Trademark Amendment Acts - Coggle Diagram

- - - - IPAB was dissolved, and its powers under the Trade Marks Act were removed.
      - All references to Sections 83 to 100 (related to IPAB) were omitted from the Act.
    - - Appeals against decisions of the Registrar of Trade Marks now lie with High Courts.
      - High Courts handle rectification, cancellation, and appeal matters previously under IPAB.
    - - Consolidated adjudicatory framework under High Courts and Commercial Courts.
      - Led to greater judicial accountability, but also increased caseload on High Courts.
    - - Part of broader government reform to rationalize tribunals and reduce redundancy.
      - Aimed at streamlining the intellectual property regime and improving case disposal timelines.
    - - Abolition of IPAB (Intellectual Property Appellate Board)
        
        Tribunal Reforms Act, 2021 formally repealed IPAB.
        
        All pending matters before IPAB were transferred to respective High Courts.
      - Repeal of Sections 83 to 100 of TM Act
        
        These sections had dealt with the establishment, powers, and procedure of IPAB.
        
        Their deletion streamlined the statute and removed tribunal-based mechanisms.
      - Shift of Jurisdiction to High Courts
        
        High Courts became the sole appellate and revisional authorities under the Trade Marks Act.
        
        Appeals against the decisions of the Registrar of Trade Marks now lie directly before the High Courts.
      - Policy Objectives
        
        Improve judicial efficiency.
        
        Eliminate redundant tribunals.
        
        Ensure quicker resolution of IP matters through Commercial Courts.
      - Jan Vishwas (Amendment of Provisions) Act, 2023 (Act 18 of 2023)
        
        Decriminalisation Focus
        
        Several offences under the Trade Marks Act were decriminalised.
        
        Replaced imprisonment provisions with monetary penalties.
        
        Signalled a shift from punitive to corrective compliance.
        
        Key Sections Amended
        
        Section 103: Reduced punishment for false application of TM.
        
        Section 104: Falsely claiming a trademark is registered now invites only a monetary fine.
        
        Section 107: Penalty of a fine instead of imprisonment for falsely representing trademarks
        
        Section 106, 108 & 109 Omitted
        
        Section 140 (3): Imposes fine of 10000 instead of 500
        
        Administrative Handling
        
        Empowered the Registrar of Trade Marks to impose penalties.
        
        Avoids lengthy criminal court procedures.
        
        Appeals lie to the appropriate appellate authority.
        
        Ease of Doing Business
        
        Reduced litigation and regulatory fear for businesses.
        
        Encouraged better voluntary trademark compliance.
        
        Supports startup and MSME ecosystem.