Emblems And Names Prevention Of Improper Use Act 1950 Pdf File

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In Part 1 of my post , I had covered the precautions to be taken while making an audio-visual content from trademark and copyright perspective which included registration of film titles, issues relating to trademark and passing off in audio-visual content, registration of script and precautions to be taken to avoid copyright infringement. In this part, I shall be covering precautions to be taken from the perspective of other miscellaneous laws.

Emblems and Names (Prevention of Improper Use) Act 1950 Bare Act PDF download

Closed Expands Expression. Global Freedom of Expression is an academic initiative and therefore, we encourage you to share and republish excerpts of our content so long as they are not used for commercial purposes and you respect the following policy:. Attribution, copyright, and license information for media used by Global Freedom of Expression is available on our Credits page. The Supreme Court of India upheld a judgment affirming that the Indian Constitution and in particular the fundamental right to freedom of expression, protected the right to fly the national flag. Naveen Jindal, a director of a factory, filed a petition after he was told that he was not permitted to fly the national flag according to the Flag Code of India. However, the Court did note that this right can be subject to certain reasonable statutory restrictions.

Digital business in India: overview. Related Content. Regulatory overview 1. What regulatory legislative bodies are responsible for passing legislation in this area? What regulatory and industry bodies are responsible for passing regulations and codes in this area? The key laws governing business-to-business and business-to-consumer e-commerce are discussed below.

The Legislature of India enacted the Emblems and Names Prevention of Improper Use Act, on 1st March , to prevent the improper use of certain emblems and names for professional and commercial purposes. All important central acts are published in both English and Hindi language versions. The acts are arranged as per the year of their enactment. You can browse all the sections online or download the latest official bare act PDF file of the Emblems and Names Prevention of Improper Use Act, free of cost, from the India Code website at the link given below in this article. Ensure that you are always referring to the latest updated version of the act. Legislative department website also features regional language versions of several important Central Acts. Your email address will not be published.

The Use and Misuse of Emblems and State Symbols

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. The Indian Emblems and Names Prevention of Improper Use Act, hereinafter referred as "the Emblem Act" is an act to prevent the improper use of certain emblems and names for professional and commercial purposes. Section 3 of the Emblems Act provides for prohibition of improper use of certain emblems and names. It states as under:. Prohibition of improper use of certain emblems and names: Notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and under such conditions as may be prescribed by the Central Government, use, or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or any colorable imitation thereof without the previous permission of the Central Government or of such officer of Government as may be authorized in this behalf by the Central Government. From the bare perusal of above section, it is clear that no person is authorized to use any name or emblem as specified in the Schedule for the purpose of any trade, business, calling or profession, or in the title of any patent, or in trademark, without the prior permission of the Central Government or the authorized officer.

Prohibition of improper use of certain emblems and names. Prohibition of registration of certain companies, etc. Previous sanction for prosecution. Power of the Central Government to amend the Schedule. Power to make rules. Be it enacted by Parliament as follows: 1.

No legal prohibitions to prevent states adopting distinctive flags exist in either the Emblems and Names Prevention of Improper Use Act, , or the Prevention of Insults to National Honour Act, Simply copy the code below and insert it on pages where you display the flags. If you are not a developer, please direct your web developer to this page or provide them with the code snippet below. Can you match each flag to the state to which it belongs? Learn more about flags here. As of , there are no officially recognised flags for the individual states or union territories of India.


An Act to prevent the improper use of certain emblems and names for professional and commercial purposes. 1. —(1) This Act may be called the Emblems and Names (Prevention of Improper Use) Act, (2) It extends to the whole of India 2* * * and also applies to citizens of India outside India.


PRECAUTIONS TO BE TAKEN WHILE MAKING AN AUDIO-VISUAL CONTENT- PART 2

How to get the decided name approved in one go? The above two questions have become a major task these days. To get rid of these issues, following steps must be kept in mind:. First of all, we must know how to decide a name within the regulatory framework. The name must not be registered under any trademark class.

Emblem and names act Emblem and names act An Act to prevent the improper use of certain emblems and names for professional and commercial purposes. OF 1 [1st March, BE it enacted by Parliament as follows:— 1. Short title, extent, application and commencement.

The National Emblem, other emblems and names are governed by different legislations. The Indian National Flag, the name, emblem or official seal or emblem of the Government of India or of any State, or any other insignia or coat-of-arms used by the Governments or by a Department of any such Government, etc.

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