Registration Procedure for obtaining GS1 Company Prefix - GS1 India

Term & Conditions for using GS1 Company Prefix
TERMS FOR USE OF GS1 COMPANY PREFIX NUMBER
1. Definitions:
a. GS1 Company ( GCP) refers to the sequence of numbers granted by GS1 India to the Applicant company
which begins with “890” (country code) followed by numerical digits representing a company code as allocated
by GS1 India.
b. Intellectual Property includes, but is not limited to, the technologies, codes sequencing and other programs
used by GS1 India to assign GCP. Further the sequence representation, the pattern of vertical lines & white
spaces using the GCP are representations/ symbols belonging exclusively to GS1 India.
c. Applicant company refers to the applicant of the GCP, with GS1 India and GCP is granted pursuant to the
terms and conditions set out by GS1 India hereunder or otherwise.
d. Products refer to the specific goods, items, packaging, etc. on which the Applicant company is affixing the
graphical representation of the assigned GCP which bears “890” as the first 3 digits.
e. Fee refers to the fees payable by the Applicant company to GS1 India for the right to use GCP. The fee paid
to GS1 India is non-refundable except for the interest-free refundable security deposit amount. Procedure for
reimbursement of security deposit amount after cancellation/termination of subscription with GS1 India is as per
Annexure I.
Taxes/duties on the fees payable (one time registration fee & annual fee) shall be in addition to the applicable
fees and shall be as per prevalent Govt. rules.
f. Term refers to the initial period as specified at the time of granting the licence/rights to use/affix the GCP.
The licence is subject to renewal each year/as specified time to time by GS1 India for right of continued use of
the same.
2. Recitals
GS1 India is the sole owner of the GCP granted. The Applicant company is being provided with a revocable
privilege for the use of GCP. Further, GS1 India is authorized to grant such rights for allocation of GCP within
the territory of India, Nepal & Bhutan and at its sole discretion to the applicant in accordance to the conditions
set out here under and other provisions that may be drafted from time to time.
3. Consequences of Misuse:-
GS1 India has taken protection against unauthorized use of 890 with barcode under the Trade Marks Act 1999.
Unauthorised use means, use of 890 with barcode by any company without registration with GS1 India or
registered with GS1 India but discontinued (cancelled / terminated / revoked) at a later date due to any reason.
3.1 If a company registered with GS1 India earlier and later on discontinued (cancelled / terminated / revoked)
due to any reasons and continue to use GS1 Company prefix number after discontinuation, such defaulted
company (s) will have to pay all outstanding dues till date from the date of cancellation / termination of
subscription, costs incurred by GS1 India towards litigation / investigation and a penalty of Rs 10000/-. If they
wish to continue to use the GS1 Company prefix number, then full fee towards registration as new subscriber
for the same prefix will also need to be paid.
3.2 If a Company which never registered with GS1 India and illegally using the GS1 Company prefix number ,
shall be required to pay requisite fee towards allocation of GS1 Company prefix number, Annual renewal fee
from the date of commencement of applicant company business or 1996 whichever is later, Costs incurred by
GS1 India towards litigation / investigation and a penalty of Rs 20000/-.
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4. Grants
GS1 India grants a license/rights to use the GCP for generating GS1 identification keys and their graphical
representations, for use in accordance with the terms set out and any other provisions expressly or impliedly
communicated to the Applicant company. Further, the GCP granted to the Applicant company is based on
information provided by him in the registration form on number of different product types (SKU’s) manufactured/
supplied. For additional product numbering capacity, if desired at a later date due to addition of new product
types/variants/SKU’s later, fresh application/registration form for GCP will need to be submitted by the
Applicant company to GS1 India along with requisite fees applicable at that juncture for the additional capacity
desired.
5. General
5.1 GCP granted shall be valid for the period as specified at the time of allocation of GS1 Company Prefix
Number. The Applicant company needs to renew its GCP each year to continue using the same for generating
GS1 identification keys.
5.2 GS1 India reserves the right to fix annual renewal fee for each year and the subscriber is required to pay
the same in full in advance for the subsequent year.
6. License fees
In consideration to the GCP granted by GS1 India, the Applicant company shall pay the License/rights Fee to
GS1 India in full in advance. Part payment will lead to withdrawal/revocation of the licence leading to
termination of subscription. The Applicant company shall before expiry of each term, receive a letter for renewal
of its licence for another term as specified time to time. The Applicant company needs to renew its subscription
to continue using the same failing which use of the GCP or its graphical representation will constitute a violation
of the licence terms which may invite legal action by GS1 India as deemed fit. The Applicant company shall
also be liable to pay any additional/revised charges that may be asked for by GS1 India.
7. Applicant company’s obligations as to conformity of directions of GS1 India
7.1 That the GCP is only a grant for the term to the Applicant company as per terms and conditions assigned.
7.2 The Applicant company shall adhere to all instructions / directions pertaining to use of GCP. The Applicant
company must at all times act in good faith and perform functions to its best effort to ensure the proprietary
rights of GS1 India. The Applicant company shall also adhere to the technical specs as set out by GS1 and
made available from time to time.
8. Use and Protection of Intellectual Property and GS1 Company Prefix Number
8.1 The Applicant company regards the GCP and the Intellectual property related thereto as the sole property
of GS1 India. The Applicant company acknowledges that the right to grant GCP is exclusive with GS1 India and
it shall not attempt to act in any contrary manner.
8.2 The Applicant company does not have the right to pass-on/assign the GCP/Intellectual Property of GS1
India. The goodwill generated or any other rights that accrue by the use of the GCP / Intellectual Property of
GS1 India, shall at all times belong to GS1 India exclusively.
8.3 The Applicant company under all circumstances shall promptly call to the attention of GS1 India the use of
any Intellectual Property or GCP, by any third party or any such activities of third parties, which in the opinion of
the Applicant company amounts to infringement of the legal rights of GS1 India whenever the infringement is
noticed by the Applicant company.
9. Warranties and Representations
9.1 Each authorized subscriber warrants that it shall use the GCP only for the company for which it has been
allocated and not for any of its sister concern, subsidiaries etc. The Applicant company warrants that it shall not
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use the name, GCP or other form of identification of GS1 India as its own or to refer to as associated with its
own name/products. Further, Applicant company shall not lease/pass on/rent the rights granted.
9.2 The Applicant company warrants that it shall not use the GCP if it has failed to comply with the terms of use
or pay the requisite License/rights fee. In case of continued use, the Applicant company accepts to be legally
liable to GS1 India for unpaid license/rights fee, damages and any other amounts that may be levied by GS1
India.
9.3 The Applicant company shall help/assist GS1 India by providing information, details, data, etc. towards
provisions of clause 9, to ensure proper use of the rights/GCP granted.
9.4 The Applicant company warrants that in case there is any change to the product for which the GCP was
assigned, or there is change in the constitution/structure of the Applicant company, etc., then it shall provide all
information within 10 working days to GS1 India. The Applicant company agrees to pay any additional money
or abide by any additional terms that GS1 India may impose to effect such changes.
9.5 In the event of any change in the name, legal status or ownership of the Applicant company as well as
brands (belonging to the applicant company) at a later date, or any disputes on the same, the same would need
to be informed to GS1 India, who at its discretion would be free to decide whether the GCP allocated can be
used by the new entity or whether the same is revoked and a fresh registration is warranted for allocation of a
new GCP at a fee as applicable.
9.6 The Applicant company warrants that it will be bound by the terms & conditions with respect to clause 11
even after the termination or when the Applicant ceases to be a Subscriber.
10. Action against third parties
GS1 India shall have the exclusive right to take all/any action against 3rd Parties in respect of violation of IP
rights and if required by GS1 India, the Applicant company shall co-operate fully with GS1 India in any such
action, in all manner possible. In the event of any disputes related to ownership of the GCP allocated by GS1
India, GS1 India shall be the sole arbitrator and his decision shall be final & binding.
11. Termination
11.1 Termination for breach - GS1 India is entitled to terminate the licence/rights after giving notice of
termination when there is failure on the part of the Applicant company to make payment of License/rights Fee
or failure on the part of the Applicant company to perform its obligations or the disqualification of the Applicant
company from being able to perform responsibilities such as liquidation, winding-up, death, etc. or any change
ownership, constitution, directors, etc. of the Applicant company, that is not informed to GS1 India for which
GS1 India has not given written assent.
11.2 Voluntary Termination – GS1 India may unilaterally revoke the rights granted to the Applicant company
with respect to use of the GCP, by sending appropriate notice, if it has reason to believe that the Applicant
company has not been adhering to the standards prescribed/ is acting in a detrimental manner towards the
interest of GS1 India/ is acting contrary to the general business practices or norms of the Trade/ or involved in
any such similar activity. The Applicant company can also voluntarily terminate the agreement by sending
written intimation to this effect to GS1 India.
11.3 On termination, the Applicant company shall forthwith pay to GS1 India all amounts due pertaining to
outstanding dues against the Applicant company as per the records of GS1 India.
12. Consequences of Termination
Upon termination, the Applicant company shall discontinue the use of the GCP and all other form of
rights/representations granted by GS1 India with immediate effect. Any needful continuance must be approved
in writing from GS1 India. The grant of the GCP, the graphical representation and other rights granted, shall
stand revoked upon termination. Further, the Applicant company must ensure the Proprietary rights of GS1
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India are protected irrespective of the surrender and that all use of rights granted is stopped consequent to the
termination.
13. Indemnity
The Applicant company shall indemnify GS1 India against all actions, claims, costs, damages and expenses,
which GS1 India may suffer or sustain as a result of actions of the Applicant company. All precautions have
been taken by GS1 India while allocating the Company Prefix number to the Applicant company. However, in
the event of any fault in allocation of the GCP by GS1 India, liability of GS1 India shall stand limited to the
amount (fee) paid by the Applicant company to GS1 India at the time of allocation of GCP.
14. Miscellaneous
14.1 No waiver and Severance – No waiver by GS1 India to any of the Applicant company’s obligations
unless made in writing, nor waiver by GS1 India in respect of any breach be deemed to constitute a waiver of or
consent to, any subsequent breach(es) by the Applicant company. In the event that any provision is declared
by any judicial or other competent Authority to be void, voidable or illegal, the remaining provisions shall
continue to apply unless GS1 India in its sole discretion decides to do otherwise.
14.2 Governing Law shall always be the laws of the Republic of India and every interpretation will be deemed
to be made in India. The jurisdiction in all matters of dispute shall lie exclusively with the Courts in New Delhi.
14.3 Change of Address – Each of the parties shall give notice to each other on change/acquisition of a new
business address within 7 (seven) working days of such change. Any failure on the part of the Applicant
company to inform of change in address, shall constitute a violation that can consequently lead to termination
of licence/rights at the discretion of GS1 India.
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Annexure I
Procedure for reimbursement of interest free refundable security deposit amount of Rs.2000/- after
cancellation/ termination of subscription with GS1 India.
1. Request letter on company letterhead for refund of interest free refundable security deposit amount of
Rs.2000/-.
2. Subscriber needs to submit the attached affidavit on Rs.10/- non judicial stamp paper to GS1 India.
3. Submission of original receipt issued by GS1 India towards interest free refundable security deposit amount.
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