Chapter XII - Offences, Penalties and Procedure
Section 119
Section 119: Protection of an enforcement information source
A government officer enforcing this chapter cannot be compelled in court to disclose where information about an offence came from.
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Need advice on Section 119?
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
An officer of the Government whose duty it is to take part in the enforcement of the provisions of this Chapter shall not be compelled in any court to say whence he got any information as to the commission of any offence against this Act.
Rule and business relevance
The protection is tied to a government officer whose duty includes enforcement of the chapter and to the source of offence information.
Limits and related provisions
It is not a general rule that every witness can withhold all relevant evidence or that the underlying allegation is automatically proved. Separate source confidentiality from proof of the case.
Hypothetical business example
Hypothetical example: An enforcement officer is asked to identify an informant in court. The officer relies on the specific statutory source protection while other evidence remains subject to the applicable process.
Practical decision flow
Identify the officer’s enforcement duty.
Separate the information source from other evidence.
Apply the statutory protection within the proceeding’s evidentiary framework.
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
- Identify the officer’s enforcement duty.
- Separate the information source from other evidence.
- Apply the statutory protection within the proceeding’s evidentiary framework.
Avoid
- It is not a general rule that every witness can withhold all relevant evidence or that the underlying allegation is automatically proved. Separate source confidentiality from proof of the case.
Glossary
- Source of information
- Where the officer obtained information about the offence.
- Protected officer
- A government officer with the specified enforcement duty.
Frequently asked questions
Does the rule protect every private complainant?
It refers to the specified government enforcement officer.
Does it prove the offence?
No. Source protection and proof of an offence are different matters.
What disclosure is protected?
The officer cannot be compelled to say whence the offence information was obtained.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026