Decriminalisation of Trade Mark, Copyright, Design, and Patent Laws under Jan Vishwas (Amendment) Act, 2023

To promote ease of doing business, it is essential to safeguard the goodwill and reputation of enterprises. A strong economy requires the creation of a supportive environment in which startups and small businesses can flourish, while also ensuring that the innovations, ideas, and creations of established businesses remain protected.

With this objective, the Jan Vishwas (Amendment of Provisions) Act, 2023 was enacted. The Act decriminalizes and rationalizes various offences in order to strike a balance between encouraging business growth and protecting intellectual property rights.

Key amendments under this Act relate to the following major Intellectual Property legislations:

• The Copyright Act, 1957;

• The Patents Act, 1970;

• The Trade Marks Act, 1999;

• The Geographical Indications of Goods (Registration and Protection) Act, 1999.

With this objective, the Jan Vishwas (Amendment of Provisions) Act, 2023 was enacted. The Act decriminalizes and rationalizes various offences in order to strike a balance between encouraging business growth and protecting intellectual property rights.

Key amendments under this Act relate to the following major Intellectual Property legislations:

• The Copyright Act, 1957;

• The Patents Act, 1970;

• The Trade Marks Act, 1999;

• The Geographical Indications of Goods (Registration and Protection) Act, 1999.

These amendments include:

This legislative initiative aims to create a conducive environment for business by ensuring that innovation and creativity can flourish without the fear of imprisonment. Simultaneously, the Act strengthens the enforcement mechanism by imposing enhanced fines and penalties for any infringement or malicious actions. This dual approach balances the protection of intellectual property rights with a deterrent against bad-faith violations, thereby fostering trust and accountability in the business ecosystem.

This article has been authored by Akriti Thakur, Intern at Intellect Goodwill LLP, as part of our ongoing IP Awareness Series - Intellect Insights, aimed at simplifying complex intellectual property concepts for entrepreneurs, creators, and businesses.

The views expressed in this article are for informational purposes only and do not constitute legal advice. The content reflects the personal analysis of the author and not necessarily the views of Intellect Goodwill LLP.