Chapter XIII - Miscellaneous
Section 151
Section 151: Other proceedings and employee safeguards
Chapter XII does not erase other legal proceedings, and the section preserves specified discovery and good-faith servant protections.
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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
Nothing in Chapter XII shall—
(a) exempt any person from any suit or other proceeding which might, but for anything in that Chapter, be brought against him; or
(b) entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any suit or other proceeding, but such discovery or answer shall not be admissible in evidence against such person in any such prosecution for an offence under that Chapter or against clause (h) of section 112 of the Customs Act, 1962 (52 of 1962) relating to confiscation of goods under clause (d) of section 111 of that Act and notified by the Central Government under clause (n) of sub-section (2) of section 11 thereof for the protection of trade marks relating to import of goods; or
(c) be construed so as to render liable to any prosecution or punishment any servant of a master resident in India who in good faith acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master and as to the instructions which he has received from his master.
Rule and business relevance
The discovery limb requires the relevant disclosure but limits use of that discovery or answer in the stated prosecution. The servant limb requires an India-resident master, good-faith obedience and full requested information about the master and instructions.
Limits and related provisions
Do not treat criminal provisions as displacing civil claims, or describe obedience to an employer as unconditional immunity. The exact conditions and evidentiary-use limits matter.
Hypothetical business example
Hypothetical example: An employee relies on the servant protection and supplies the requested details, while the business separately responds to disclosure obligations in related proceedings.
Practical decision flow
Distinguish the other proceeding from the Chapter XII prosecution.
Check the precise disclosure-use restriction.
For the servant protection, establish all stated conditions and provide required information.
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
- Distinguish the other proceeding from the Chapter XII prosecution.
- Check the precise disclosure-use restriction.
- For the servant protection, establish all stated conditions and provide required information.
Avoid
- Do not treat criminal provisions as displacing civil claims, or describe obedience to an employer as unconditional immunity. The exact conditions and evidentiary-use limits matter.
Glossary
- Preserved proceedings
- Claims or proceedings not excluded by Chapter XII.
- Qualified servant protection
- The conditional protection in clause (c).
Frequently asked questions
Does Chapter XII automatically prevent civil proceedings?
No. Clause (a) preserves other proceedings.
Can a person refuse all discovery under this section?
Clause (b) does not permit that refusal and instead specifies a use restriction.
Is following instructions alone sufficient for the servant limb?
No. Good faith, the master’s residence and full demanded information are also specified.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026