Section 124 – THE PATENTS ACT, 1970

Offences by companies.

(1) If the person committing an offence under this Act is a
company, the company as well as every person in charge of, and responsible to, the
company for the conduct of its business at the time of the commission of the offence
shall be deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act
has been committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or that the commission of the offence is attributable
to any neglect on the part of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means anybody corporate and includes a firm or other association
of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.

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