Re: [Wikimediaindia-l] Fwd: National Flag of India

[Gautam John]

Arun,

Realised I had not replied.

Naveen Jindal's case is an excellent read for some general gyaan on
the area: http://www.indiankanoon.org/doc/1834588/

>> The authorship, production, publication, exhibition or transmission by any
>> medium for academic, artistic, biographical, cultural, educational,
>> scientific or spiritual purposes with the previous permission of the Central
>> Government and subject to such conditions as the Central Government may lay
>> down while granting such permission

Indeed, it does. But, to me, it must be read in the context of the
preamble and as such, I wouldn't think that this is a fit case that
violates this act. Come to think of it, every single piece of TV
infographics during election time and such would be violative of this
clause, if that be the case.

Thank you.

Best,

Gautam

http://social.prathambooks.org/

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Re: [Wikimediaindia-l] Fwd: National Flag of India

[Arun Ganesh]

On Tue, Mar 22, 2011 at 3:24 PM, Gautam John wrote:

> AFAIK the limitation applies only toi:
>
> "...trade, business, certain calling or profession, or in the title of
> any patent, or in any trade mark or design"
>
> This is not the case here so it should be fine.
>
>
It also says:

> The authorship, production, publication, exhibition or transmission by any
> medium for academic, artistic, biographical, cultural, educational,
> scientific or spiritual purposes *with the previous permission of the
> Central Government* and subject to such conditions as the Central
> Government may lay down while granting such permission
>


-- 
j.mp/ArunGanesh 
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Re: [Wikimediaindia-l] Fwd: National Flag of India

[Gautam John]

To add to it:

The lede of the Act is "An Act to prevent the improper use of certain
emblems and names for professional and commercial purposes" which is
not the case here.

> THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950
> Section 3.
> Rule 8.

Do not apply because of it relates to ""...trade, business, certain
calling or profession, or in the title of any patent, or in any trade
mark or design" which we are not.

> (5) The authorship, production, publication, exhibition or transmission by
> any medium for academic, artistic, biographical, cultural, educational,
> scientific or spiritual purposes with the previous permission of the Central
> Government and subject to such conditions as the Central Government may lay
> down while granting such permission.

Very conveniently leaves out what precedes it namely:

8. Use of emblems and names contained in the Schedule ?No person shall
use or continue to use, for the purpose of any trade, business,
calling or profession, or in the title of any patent, or any trademark
or design, any name or emblem specified in the Schedule or any
colourable imitation thereof without the previous permission of the
Central Government or of such officer of the Government as may be
authorized in this behalf by the Central Government except in the
following cases namely:-

Which we are not.

> 3.The Indian National Flag.

Not relevant.

> 16.The names ?Ashoka Chakra? or ?Dharma Chakra? or the pictorial
> representation of Ashoka Chakra as used in the Indian National Flag or in
> the official seal or emblem of the Government of India or of any State
> Government or of a Department of any such Government.

Not quite relevant.

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Re: [Wikimediaindia-l] Fwd: National Flag of India

[Gautam John]

AFAIK the limitation applies only toi:

"...trade, business, certain calling or profession, or in the title of
any patent, or in any trade mark or design"

This is not the case here so it should be fine.

Thank you.

Best,

Gautam

http://social.prathambooks.org/




On 22 March 2011 15:17, Arun Ganesh  wrote:
> Just got this from an advocate in Rajasthan High Court. Can the image be
> deleted?
>
> -- Forwarded message --
> From: S P Singh 
> Date: Mon, Mar 21, 2011 at 8:33 AM
> Subject: National Flag of India
> To: arun.plane...@gmail.com
>
>
> Sir
>
>
> The picture of map of India with the chakra placed in the middle in
> wilipedia by you needs the careful study of the following
>
> http://en.wikipedia.org/wiki/File:IndianStub.png
>
> THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950
>
> Section 3. Notwithstanding anything contained in any law for the time being
> in force, no person of improper shall, except in such cases and under such
> conditions as may be prescribed by the use of Central Government, use, or
> continue to use, for the purpose of any trade, business, certain calling or
> profession, or in the title of any patent, or in any trade mark or design
> any name emblems and or emblem specified in the Schedule or any colourable
> imitation thereof without the names. previous permission of the Central
> Government or of such officer or Government as may be authorised in this
> behalf by the Central Government.
>
>
> EMBLEMS & NAMES (PREVENTION OF IMPROPER USE) RULES 1982
>
> Rule 8. Use of emblems and names contained in the Schedule ?No person shall
> use or continue to use, for the purpose of any trade, business, calling or
> profession, or in the title of any patent, or any trademark or design, any
> name or emblem specified in the Schedule or any colourable imitation thereof
> without the previous permission of the Central Government or of such officer
> of the Government as may be authorized in this behalf by the Central
> Government
>
>
> (5) The authorship, production, publication, exhibition or transmission by
> any medium for academic, artistic, biographical, cultural, educational,
> scientific or spiritual purposes with the previous permission of the Central
> Government and subject to such conditions as the Central Government may lay
> down while granting such permission.
>
> THE SCHEDULE
> (see Sections 2 (a) and 3)
>
> 3.The Indian National Flag.
>
> 16.The names ?Ashoka Chakra? or ?Dharma Chakra? or the pictorial
> representation of Ashoka Chakra as used in the Indian National Flag or in
> the official seal or emblem of the Government of India or of any State
> Government or of a Department of any such Government.
>
> Regards
>
> Surya Pratap Singh Rajawat
>
>
> --
> j.mp/ArunGanesh
>
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>

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