Chapter XII - Offences, Penalties and Procedure
Section 116
Section 116: Sea imports and origin evidence
For the specified prosecutions concerning goods imported by sea, the port of shipment is prima facie evidence of the place or country of manufacture or production.
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Need advice on Section 116?
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
In the case of goods brought into India by sea, evidence of the port of shipment shall, in a prosecution for an offence under this Act or under clause (b) of section 112 of the Customs Act, 1962 (52 of 1962) relating to confiscation of goods under clause (d) of section 111 and notified by the Central Government under clause (n) of sub-section (2) of section 11 of the said Act for the protection of trade marks relating to import of goods, be prima facie evidence of the place or country in which the goods were made or produced.
Rule and business relevance
The evidentiary rule operates in the stated Trade Marks Act and Customs Act settings. Shipment-port evidence has the initial evidentiary effect specified, rather than conclusive proof of origin.
Limits and related provisions
Do not treat every transit port as irrebuttable manufacturing origin or apply this rule automatically to air or land imports. Preserve production and shipping records that clarify the actual origin.
Hypothetical business example
Hypothetical example: A shipment routed through another country triggers an origin issue. The importer supplies manufacturing and transport records to address the statutory prima facie inference.
Practical decision flow
Confirm sea import and the relevant prosecution framework.
Identify reliable port-of-shipment evidence.
Compare it with manufacturing and routing records.
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 sea import and the relevant prosecution framework.
- Identify reliable port-of-shipment evidence.
- Compare it with manufacturing and routing records.
Avoid
- Do not treat every transit port as irrebuttable manufacturing origin or apply this rule automatically to air or land imports. Preserve production and shipping records that clarify the actual origin.
Glossary
- Prima facie evidence
- Evidence with the initial effect specified by the statute, not conclusive proof.
- Port of shipment
- The port whose evidence is given the stated evidentiary role.
Frequently asked questions
Is port evidence conclusive?
The section says prima facie, not conclusive.
Does it expressly cover air imports?
Its opening condition is goods brought into India by sea.
Can origin records matter?
Yes. They can help address the factual inference arising from shipment evidence.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026