--- title: "India: Jan Vishwas and Intellectual Property Compliance – The Changing Landscape of IP Penalties" date: 2026-09-15 author: "Himanshu Deora" url: https://ksandk.com/intellectual-property-rights/jan-vishwas-act-ip-penalties/ --- # India: Jan Vishwas and Intellectual Property Compliance – The Changing Landscape of IP Penalties Posted On - 15 September, 2026 • By - Himanshu Deora ![India: Jan Vishwas and Intellectual Property - Detailed close-up of a patent agreement document on a polished wooden table.](https://ksandk.com/wp-content/uploads/india-jan-vishwas-and-intellectual-property-1789477574744.webp) ## India’s Jan Vishwas reforms: decriminalising IP defaults, raising financial stakes India’s intellectual property (“IP”) framework has shifted towards decriminalisation and proportionate enforcement through the **Jan Vishwas (Amendment of Provisions) Act, 2023** (“Jan Vishwas Act 2023”). The reforms, effective from 1 August 2024, amended several provisions of India’s principal IP statutes, including the Patents Act, 1970, the Trade Marks Act, 1999, the Copyright Act, 1957 and the Geographical Indications of Goods (Registration and Protection) Act, 1999 (“GI Act”). The reform has continued with the **Jan Vishwas (Amendment of Provisions) Act, 2026** (“Jan Vishwas Act 2026”), which further rationalises certain offences and penalties under various Central enactments, including the Patents Act and Copyright Act. While the Jan Vishwas framework reduces criminal exposure for a number of technical and procedural defaults, it should not be understood as a relaxation of IP compliance obligations. In several cases, criminal sanctions have been replaced by significant monetary penalties, including penalties linked to turnover or sales and additional penalties for continuing contraventions. The result is a framework in which the consequence of a technical IP default is increasingly financial rather than criminal. ## Three approaches of the Jan Vishwas Act 2023 The Jan Vishwas Act 2023 adopts three broad approaches in relation to IP legislation: 1. **Decriminalisation** of specified offences. 2. **Replacement of criminal sanctions with monetary penalties** for specified contraventions. 3. Introduction of an **administrative adjudication and appeal mechanism** for specified penalties. The reforms are particularly relevant for businesses because several obligations previously viewed as largely procedural now carry potentially material financial consequences. ## Changes to the Patents Act ### False representation of patent rights (Section 120) **Section 120** of the Patents Act concerns unauthorised representation that an article is patented or that an application for a patent has been made in respect of an article. Following the Jan Vishwas Act 2023, the maximum penalty under this provision was increased from ₹1 lakh to **₹10 lakh**, with an additional ₹1,000 for every day during which the contravention continues. The provision is particularly relevant to businesses’ product packaging, advertising, websites, technical literature and other commercial communications. Businesses should ensure that statements such as “patented”, “patent pending” or equivalent representations are supported by the actual status of the relevant Indian patent or patent application. This is particularly important for multinational businesses where product literature may be developed centrally and subsequently adapted for the Indian market. A patent or patent application in another jurisdiction should not automatically be represented as an Indian patent or Indian patent application. ### Failure to furnish patent information (Section 122) **Section 122** of the Patents Act addresses, among other matters, failure to furnish information required under the Act, including information relating to the [working of patents](https://ksandk.com/intellectual-property-rights/form-27-compliance-compulsory-licence-india/). The Jan Vishwas Act 2023 replaced the earlier criminal consequences with monetary penalties. Failure to furnish required information may attract a penalty of up to **₹1 lakh**, together with an additional ₹1,000 per day for continuing non-compliance. The consequences can be considerably more significant where false information is furnished. A penalty of **0.5% of the total sales or turnover, or ₹5 crore, whichever is lower**, may be imposed in the circumstances specified under the provision. This makes accuracy of patent-related regulatory filings an important compliance issue for businesses with substantial patent portfolios. ### Acting as a patent agent without registration (Section 123) **Section 123** has been amended to provide for a monetary penalty for acting as a patent agent without being duly registered. The maximum penalty is **₹5 lakh**, with an additional ₹1,000 per day for a continuing contravention. This applies to individual practitioners and to businesses that use internal personnel, overseas counsel or third-party service providers for [patent prosecution](https://ksandk.com/practice-areas/intellectual-property-lawyers-in-india/patent-law-services/) in India. ## Changes to the Trade Marks Act ### Falsely representing a trademark as registered (Section 107) The Jan Vishwas Act 2023 substantially modifies the enforcement framework under the Trade Marks Act. Certain offences have been omitted, while the offence relating to falsely representing a trademark as registered has been converted into a monetary penalty regime. **Section 107** now provides for a penalty of **0.5% of the total sales or turnover, or ₹5 lakh, whichever is lower**, for the specified contravention. This affects how businesses represent their [trademark rights](https://ksandk.com/practice-areas/intellectual-property-lawyers-in-india/trademark-legal-services/) in the marketplace. Businesses should review the use of: - The ® symbol - References to a “registered trademark” - Trademark status on websites and digital platforms - Product packaging and labels - Advertising and promotional material - Sales and marketing collateral The relevant analysis should take into account not merely whether a mark has been registered, but also the **territorial scope and goods/services for which the registration has been obtained**. ### Imports and false trademarks (Section 140) The amendments also introduce monetary penalties for specified failures concerning [imported goods bearing false trademarks](https://ksandk.com/intellectual-property-rights/counterfeiting-and-ip-law-global-frameworks/). **Section 140** of the Trade Marks Act imposes requirements relating to information concerning imported goods in specified circumstances. Non-compliance may result in a monetary penalty. Import-intensive businesses are the most exposed here, and compliance requires coordination between IP, customs, procurement, logistics and supply-chain functions. ## Changes to the Copyright Act The Copyright Act has also been subject to decriminalisation. The Jan Vishwas Act 2023 omitted **Section 68**, which dealt with making false statements for the purpose of deceiving or influencing an authority or officer. The Jan Vishwas Act 2026 has further amended the Copyright Act, including by omitting **Section 67**, which dealt with falsification of entries in the Register of Copyrights. The removal of a particular criminal offence does not amount to a general exemption from copyright liability. Copyright infringement, contractual breaches, fraudulent conduct and other actionable conduct may continue to attract consequences under the applicable legal framework. ## Changes to the Geographical Indications Act The GI Act has similarly been amended to remove or rationalise certain criminal offences and introduce monetary penalties for specified contraventions. Businesses dealing with products protected by [geographical indications](https://ksandk.com/intellectual-property-rights/geographical-indications-and-digital-infringement/) should ensure that claims concerning geographical origin, GI registration and authorised-user status are appropriately verified. This applies to manufacturers, exporters, distributors and any business using GI-protected names in commercial material. ## Administrative adjudication: a structural change The Jan Vishwas Act 2023 introduces **administrative adjudication** for specified IP contraventions. Rather than requiring the criminal prosecution of every statutory violation, the amended framework permits specified penalties to be determined through an administrative process. The broad framework involves: > Show-cause notice → adjudication → opportunity of hearing → imposition of penalty → appeal This creates a distinct regulatory enforcement pathway for IP-related non-compliance. Businesses should consider incorporating IP regulatory notices into their existing legal and compliance escalation mechanisms rather than treating them solely as conventional IP disputes. ## Jan Vishwas Act 2026: the next stage of reform The Government’s decriminalisation programme is continuing. In relation to patents, amendments effective from **1 June 2026** include changes to Sections 118 and 119 of the Patents Act. **Section 118** has been amended to introduce a proviso in relation to contraventions involving Section 39, which concerns restrictions on publication of information relating to inventions relevant to defence purposes or atomic energy and restrictions on applications for patents outside India. The amendment provides an exception where the Central Government is of the opinion that the invention was not relevant for defence purposes or atomic energy at the time of the contravention. **Section 119**, concerning falsification of entries in the patent register, has been omitted. The 2026 reforms continue the movement towards a more proportionate regulatory framework while retaining criminal consequences for conduct that remains specifically treated as serious under the IP statutes. ## What does this mean for businesses? The practical consequence of the Jan Vishwas reforms is that companies should not equate **decriminalisation with deregulation**. The risk profile has changed in three important respects. ### Criminal exposure has reduced for specified defaults Certain technical and procedural violations are no longer offences carrying imprisonment. This provides greater certainty for businesses and reduces the risk of criminal proceedings arising from relatively minor statutory defaults. ### Financial exposure may nevertheless be significant The replacement of imprisonment with monetary penalties does not necessarily mean that the consequences are immaterial. Penalties calculated by reference to turnover or sales can create substantial exposure for large businesses. Continuing contraventions may also result in additional daily penalties. ### Compliance responsibility is increasingly cross-functional Many of the relevant IP obligations cannot be managed effectively by the IP or legal department alone. For example: | Business function | Relevant IP compliance issue | | --- | --- | | Legal/IP | Portfolio management and statutory filings | | R&D | Patent ownership, prosecution and disclosure controls | | Marketing | Accuracy of patent and trademark representations | | Procurement | Third-party IP rights and licences | | Supply chain | Imported goods and trademark compliance | | Finance | Turnover/sales information relevant to regulatory exposure | | Compliance | Regulatory calendars and internal controls | | Senior management | Oversight of material IP compliance risks | ## Recommended compliance approach Businesses operating in India should consider conducting a focused review of their [IP compliance framework](https://ksandk.com/practice-areas/intellectual-property-lawyers-in-india/) in light of the Jan Vishwas amendments. The review could include: 1. **Statutory mapping:** Identify all recurring obligations under the Indian IP statutes applicable to the business. 2. **Portfolio verification:** Reconcile patent and trademark databases with actual registrations, applications, renewals and commercial use. 3. **Representation review:** Audit product packaging, websites, advertising and other materials containing patent or trademark claims. 4. **Filing controls:** Establish documented processes for verifying information submitted to the Indian Patent Office and other IP authorities. 5. **Foreign filing controls:** Review processes for identifying inventions potentially subject to the restrictions under Section 39 of the Patents Act. 6. **Third-party controls:** Verify the credentials and regulatory status of external IP service providers where required. 7. **Regulatory response protocol:** Establish an internal process for responding to show-cause notices and administrative adjudication proceedings. 8. **Training:** Provide targeted training to business functions that routinely make IP-related representations or handle IP-sensitive transactions. ## Looking ahead The policy direction is away from **criminal prosecution as the default response to minor or technical regulatory non-compliance**. At the same time, the reforms preserve meaningful financial and regulatory consequences for specified violations and introduce an administrative enforcement framework that businesses will increasingly need to navigate. For IP owners, compliance requirements have not diminished; the consequences and enforcement mechanisms have changed. Businesses should use this transition to reassess their IP compliance architecture, particularly in relation to statutory filings, patent and trademark representations, foreign filing controls, imported goods and internal responsibility for IP-related regulatory obligations. *This article is intended for general informational purposes only and does not constitute legal advice. The legal position may be subject to further legislative, regulatory or judicial developments.* *Last Updated on 15 September, 2026* Get King Stubb & Kasiva’s legal updates in your Google feed[![Add King Stubb & Kasiva as a preferred source on Google](https://ksandk.com/wp-content/uploads/google_preferred_source_badge_light_en@2x.png)](https://www.google.com/preferences/source?q=https://ksandk.com/) --- ## Office Locations - [New Delhi](https://ksandk.com/locations/top-corporate-law-firm-in-delhi/) (HQ): +91-11-41318190 | info@ksandk.com - [Mumbai](https://ksandk.com/locations/top-corporate-law-firm-in-mumbai/): 3 offices (Nariman Point, Lower Parel, Andheri) | mumbai@ksandk.com - [Bangalore](https://ksandk.com/locations/top-corporate-law-firm-in-bangalore/): bangalore@ksandk.com - [Chennai](https://ksandk.com/locations/chennai/): chennai@ksandk.com - [Hyderabad](https://ksandk.com/locations/hyderabad/): hyderabad@ksandk.com - [Pune](https://ksandk.com/locations/pune/): pune@ksandk.com - [Kochi](https://ksandk.com/locations/kochi/): kochi@ksandk.com ## Contact - [Contact Page](https://ksandk.com/contact-us/) - General: info@ksandk.com | +91-11-41318190 - WhatsApp: +91-7428567444 - [Privacy Statement](https://ksandk.com/privacy-statement/) - [Terms of Use](https://ksandk.com/terms-of-use/)