Emblems and Names (Prevention of Improper Use) Act, 1950

Source: TH

Context: The Supreme Court dismissed a petition seeking protection of V.D. Savarkar’s name under the Emblems and Names (Prevention of Improper Use) Act, 1950.

About Emblems and Names (Prevention of Improper Use) Act, 1950:

• What is It? A regulatory legislation to prevent the commercial or improper use of national emblems, names, and symbols that hold public significance or represent national institutions.

• A regulatory legislation to prevent the commercial or improper use of national emblems, names, and symbols that hold public significance or represent national institutions.

• Enforced On:1st September, 1950, through Gazette notification.

• Nodal Authority: Central Government – empowered to amend the Schedule and issue rules under the Act.

• Objectives of the Act:

• Prohibit misuse of names/emblems associated with national institutions or public trust. Protect the dignity of names and symbols associated with the Indian government, historic personalities, and international bodies. Maintain decorum in commercial branding, preventing deceptive or misleading affiliations.

• Prohibit misuse of names/emblems associated with national institutions or public trust.

• Protect the dignity of names and symbols associated with the Indian government, historic personalities, and international bodies.

• Maintain decorum in commercial branding, preventing deceptive or misleading affiliations.

• Key Features:

• Prohibition Clause (Section 3): Disallows the use of specified names/emblems for business, trade, patents, or advertising without Central Government permission. Scope (Section 1 & 2): Applies across India and Indian citizens abroad. “Name” includes abbreviations, and “emblem” includes flags, seals, and coats of arms. Ban on Registrations (Section 4): Authorities cannot register companies, trademarks, or patents bearing protected names/emblems. Penalty (Section 5): Misuse punishable by fine up to ₹500. Mandatory Sanction (Section 6): Prior sanction from the Centre is needed before prosecution. Dynamic Schedule: The Schedule includes protected items such as the Indian National Flag, Mahatma Gandhi’s name, Rashtrapati Bhavan, and others.

• Prohibition Clause (Section 3): Disallows the use of specified names/emblems for business, trade, patents, or advertising without Central Government permission.

• Scope (Section 1 & 2): Applies across India and Indian citizens abroad. “Name” includes abbreviations, and “emblem” includes flags, seals, and coats of arms.

• Applies across India and Indian citizens abroad.

• “Name” includes abbreviations, and “emblem” includes flags, seals, and coats of arms.

• Ban on Registrations (Section 4): Authorities cannot register companies, trademarks, or patents bearing protected names/emblems.

• Penalty (Section 5): Misuse punishable by fine up to ₹500.

• Mandatory Sanction (Section 6): Prior sanction from the Centre is needed before prosecution.

• Dynamic Schedule: The Schedule includes protected items such as the Indian National Flag, Mahatma Gandhi’s name, Rashtrapati Bhavan, and others.