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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

An adjudicating officer imposed a penalty on Orion Brands Ltd, and its appeal was dismissed by the appellate authority on 10 January. The company paid nothing and did not comply with the order. On 15 April, what is the consequence under section 112B(6)?

Orion Brands becomes punishable in addition to the penalty, with fine of one lakh rupees or imprisonment up to one year, or both. This is because it did not comply with the appellate authority's order within ninety days, and 95 days had elapsed by 15 April.

  1. ANo further liability, as the appeal period has ended
  2. BThe company becomes liable, in addition to the penalty, to punishment with fine of one lakh rupees or imprisonment up to one year, or both, as ninety days have lapsedCorrect
  3. COnly a further penalty by the adjudicating officer, with no criminal liability
  4. DImprisonment of up to three years, with no option of fine

Explanation

Section 112B(6) says that if a person fails to comply with the adjudicating officer's or appellate authority's order within ninety days, he is punishable, in addition to the penalty, with fine of one lakh rupees or imprisonment up to one year, or both. From 10 January to 15 April exceeds ninety days (21+28+31+15=95 days in a non-leap year). So the extra punishment applies.

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