By TIOL News Service

NEW DELHI, MAR 10, 2017: THE Department of Consumer Affairs sought clarification from Paytm and Reliance Jio regarding use of the photograph of the Prime Minister in their respective full page advertisement contravening the ‘prior permission' stipulation in such cases under ‘The Emblems and Names (Prevention of Improper Use) Act, 1950'. Paytm and Reliance Jio have apologized for their inadvertent mistake. Further, based on a request from the Department of Consumer Affairs, Ministry of Information and Broadcasting has issued an advisory to print medium to check-up the permission/authority from Competent Authority before issuing any advertisement wherein the Emblem and Names Specified under the act are mentioned.

Section 3 of ‘The Emblems and Name (Prevention of Improper Use) Act, 1950' stipulates that ‘no person shall, except in such cases and under such conditions as may be prescribed by the Central Government, use, or continue to use, for the purpose of any trade, business, calling or profession or in the title of any patent, or in any trade mark or design, any name or emblem specified in the Schedule or any colorable imitation thereof without the pervious permission of the Central Government or of such officer of Government as may be authorized in this behalf by the Central Government.' A committee is in existence in Department of Consumer Affairs for inter-alia examining proposals regarding prior approval stipulation unde‘ the Emblems and Names (Prevention of Improper Use) Act, 1950'.

This information was given by Mr C.R. Chaudhary, the Minister of State for Consumer Affairs, Food & Public Distribution, in written reply to a question in Rajya Sabha yesterday.