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CS Professional · Intellectual Property Rights - Law and Practice · Indian Patent Law and its Developments

Anita Rao, an unregistered person, is convicted for the first time of holding herself out as a patent agent in contravention of section 129. What is the maximum fine under section 123?

The maximum fine for a first offence is one lakh rupees. Section 123 provides up to one lakh rupees for a first contravention of section 129 and up to five lakh rupees for a second or subsequent offence. The old ten thousand and forty thousand figures were replaced in 2005.

  1. ATen thousand rupees
  2. BOne lakh rupeesCorrect
  3. CForty thousand rupees
  4. DFive lakh rupees

Explanation

Section 123, as substituted in 2005, provides a fine which may extend to one lakh rupees for a first offence and five lakh rupees for a second or subsequent offence. Ten thousand and forty thousand were the earlier amounts, replaced w.e.f. 1-1-2005. Five lakh applies only on repeat offences.

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