Chapter XII - Offences, Penalties and Procedure
Section 112
Section 112: Protection for ordinary-course workers
A person charged under section 103 must be acquitted if all four stated ordinary-business conditions are proved.
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Need advice on Section 112?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Where a person accused of an offence under section 103 proves—
(a) that in the ordinary course of his business he is employed on behalf of other persons to apply trade marks or trade descriptions, or as the case may be, to make dies, blocks, machines, plates, or other instruments for making, or being used in making, trade marks; and
(b) that in the case which is the subject of the charge he was so employed, and was not interested in the goods or other thing by way of profit or commission dependent on the sale of such goods or providing of services, as the case may be; and
(c) that, having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark or trade description; and
(d) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the trade mark or trade description was applied, he shall be acquitted.
Rule and business relevance
The protection covers qualifying work applying marks or descriptions or making marking instruments for others, without the specified sale-dependent profit or commission interest, with reasonable precautions and no reason to suspect, and with source information supplied on demand.
Limits and related provisions
These are cumulative conditions. Being a printer, contractor or employee alone is not enough; a sale-linked interest or missing proof of precautions can affect the analysis.
Hypothetical business example
Hypothetical example: A printing contractor charged under section 103 gathers its work order, remuneration terms, checks and customer information to test all four conditions.
Practical decision flow
Confirm the work falls within the stated ordinary-business activity.
Review the remuneration structure, precautions and knowledge.
Preserve and provide the required information about the instructing person.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Confirm the work falls within the stated ordinary-business activity.
- Review the remuneration structure, precautions and knowledge.
- Preserve and provide the required information about the instructing person.
Avoid
- These are cumulative conditions. Being a printer, contractor or employee alone is not enough; a sale-linked interest or missing proof of precautions can affect the analysis.
Glossary
- Cumulative conditions
- All four matters the accused must prove for this acquittal rule.
- Sale-dependent interest
- The profit or commission interest excluded by clause (b).
Frequently asked questions
Is ordinary-course employment alone enough?
No. All stated conditions must be proved.
Does the provision apply to every offence?
It specifically concerns a person accused under section 103.
Is information about the instructing customer relevant?
Yes. Clause (d) requires information within the accused’s power on the specified demand.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026