TERMS FOR USE OF GS1 COMPANY PREFIX NUMBER - GS1 India
TERMS FOR USE OF GS1 COMPANY PREFIX NUMBER - GS1 India
TERMS FOR USE OF GS1 COMPANY PREFIX NUMBER - GS1 India
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<strong>TERMS</strong> <strong>FOR</strong> <strong>USE</strong> <strong>OF</strong> <strong>GS1</strong> <strong>COMPANY</strong> <strong>PREFIX</strong> <strong>NUMBER</strong><br />
1. Definitions:<br />
a. Company prefix number / CPN refers to the sequence of numbers granted by <strong>GS1</strong> <strong>India</strong> to<br />
the Applicant company which begins with “890” (country code) followed by numerical digits<br />
representing a company code as allocated by <strong>GS1</strong> <strong>India</strong>.<br />
b. Intellectual Property includes, but is not limited to, the technologies, codes sequencing and<br />
other programs used by <strong>GS1</strong> <strong>India</strong> to assign CPN. Further the sequence representation, the<br />
pattern of vertical lines & white spaces using the CPN are representations/ symbols belonging<br />
exclusively to <strong>GS1</strong> <strong>India</strong>.<br />
c. Applicant company refers to the applicant of the CPN, with <strong>GS1</strong> <strong>India</strong> and CPN is granted<br />
pursuant to the terms and conditions set out by <strong>GS1</strong> <strong>India</strong> hereunder or otherwise.<br />
d. Products refer to the specific goods, items, packaging, etc. on which the Applicant company<br />
is affixing the graphical representation of the assigned CPN which bears “890” as the first 3<br />
digits.<br />
e. Fee refers to the fees payable by the Applicant company to <strong>GS1</strong> <strong>India</strong> for the right to use<br />
CPN. The fee paid to <strong>GS1</strong> <strong>India</strong> is non-refundable except for the interest-free refundable<br />
security deposit amount. Procedure for reimbursement of security deposit amount after<br />
cancellation/termination of subscription with <strong>GS1</strong> <strong>India</strong> is as per Annexure I.<br />
Taxes/duties on the fees payable (one time registration fee & annual fee) shall be in addition to<br />
the applicable fees and shall be as per prevalent Govt. rules.<br />
f. Term refers to the initial period as specified at the time of granting the licence/rights to<br />
use/affix the CPN. The licence is subject to renewal each year/as specified time to time by <strong>GS1</strong><br />
<strong>India</strong> for right of continued use of the same.<br />
2. Recitals<br />
<strong>GS1</strong> <strong>India</strong> is the sole owner of the CPN granted. The Applicant company is being provided with<br />
a revocable privilege for the use of CPN. Further, <strong>GS1</strong> <strong>India</strong> is authorized to grant such rights<br />
for allocation of CPN within the territory of <strong>India</strong>, Nepal & Bhutan and at its sole discretion to the<br />
applicant in accordance to the conditions set out here under and other provisions that may be<br />
drafted from time to time.<br />
3. Consequences of Misuse:-<br />
<strong>GS1</strong> <strong>India</strong> has taken protection against unauthorized use of 890 with barcode under the Trade<br />
Marks Act 1999. Unauthorised use means, use of 890 with barcode by any company without<br />
registration with <strong>GS1</strong> <strong>India</strong> or registered with <strong>GS1</strong> <strong>India</strong> but discontinued (cancelled / terminated<br />
/ revoked) at a later date due to any reason.
3.1 If a company registered with <strong>GS1</strong> <strong>India</strong> earlier and later on discontinued (cancelled /<br />
terminated / revoked) due to any reasons and continue to use <strong>GS1</strong> Company prefix number<br />
after discontinuation, such defaulted company (s) will have to pay all outstanding dues till date<br />
from the date of cancellation / termination of subscription, costs incurred by <strong>GS1</strong> <strong>India</strong> towards<br />
litigation / investigation and a penalty of Rs 10000/-. If they wish to continue to use the <strong>GS1</strong><br />
Company prefix number, then full fee towards registration as new subscriber for the same prefix<br />
will also need to be paid.<br />
3.2 If a Company which never registered with <strong>GS1</strong> <strong>India</strong> and illegally using the <strong>GS1</strong> Company<br />
prefix number , shall be required to pay requisite fee towards allocation of <strong>GS1</strong> Company prefix<br />
number, Annual renewal fee from the date of commencement of applicant company business or<br />
1996 whichever is later, Costs incurred by <strong>GS1</strong> <strong>India</strong> towards litigation / investigation and a<br />
penalty of Rs 20000/-.<br />
4. Grants<br />
<strong>GS1</strong> <strong>India</strong> grants a license/rights to use the CPN for generating <strong>GS1</strong> identification keys and<br />
their graphical representations, for use in accordance with the terms set out and any other<br />
provisions expressly or impliedly communicated to the Applicant company. Further, the CPN<br />
granted to the Applicant company is based on information provided by him in the registration<br />
form on number of different product types (SKU’s) manufactured/ supplied. For additional<br />
product numbering capacity, if desired at a later date due to addition of new product<br />
types/variants/SKU’s later, fresh application/registration form for CPN will need to be submitted<br />
by the Applicant company to <strong>GS1</strong> <strong>India</strong> along with requisite fees applicable at that juncture for<br />
the additional capacity desired.<br />
5. General<br />
5.1 CPN granted shall be valid for the period as specified at the time of allocation of <strong>GS1</strong><br />
Company Prefix Number. The Applicant company needs to renew its CPN each year to<br />
continue using the same for generating <strong>GS1</strong> identification keys.<br />
5.2 <strong>GS1</strong> <strong>India</strong> reserves the right to fix annual renewal fee for each year and the subscriber is<br />
required to pay the same in full in advance for the subsequent year.<br />
6. License fees<br />
In consideration to the CPN granted by <strong>GS1</strong> <strong>India</strong>, the Applicant company shall pay the<br />
License/rights Fee to <strong>GS1</strong> <strong>India</strong> in full in advance. Part payment will lead to<br />
withdrawal/revocation of the licence leading to termination of subscription. The Applicant<br />
company shall before expiry of each term, receive a letter for renewal of its licence for another<br />
term as specified time to time. The Applicant company needs to renew its subscription to<br />
continue using the same failing which use of the CPN or its graphical representation will<br />
constitute a violation of the licence terms which may invite legal action by <strong>GS1</strong> <strong>India</strong> as deemed<br />
fit. The Applicant company shall also be liable to pay any additional/revised charges that may be<br />
asked for by <strong>GS1</strong> <strong>India</strong>.<br />
7. Applicant company’s obligations as to conformity of directions of <strong>GS1</strong> <strong>India</strong>
7.1 That the CPN is only a grant for the term to the Applicant company as per terms and<br />
conditions assigned.<br />
7.2 The Applicant company shall adhere to all instructions / directions pertaining to use of CPN.<br />
The Applicant company must at all times act in good faith and perform functions to its best effort<br />
to ensure the proprietary rights of <strong>GS1</strong> <strong>India</strong>. The Applicant company shall also adhere to the<br />
technical specs as set out by <strong>GS1</strong> and made available from time to time.<br />
8. Use and Protection of Intellectual Property and <strong>GS1</strong> Company Prefix Number<br />
8.1 The Applicant company regards the CPN and the Intellectual property related thereto as the<br />
sole property of <strong>GS1</strong> <strong>India</strong>. The Applicant company acknowledges that the right to grant CPN is<br />
exclusive with <strong>GS1</strong> <strong>India</strong> and it shall not attempt to act in any contrary manner.<br />
8.2 The Applicant company does not have the right to pass-on/assign the CPN/Intellectual<br />
Property of <strong>GS1</strong> <strong>India</strong>. The goodwill generated or any other rights that accrue by the use of the<br />
CPN / Intellectual Property of <strong>GS1</strong> <strong>India</strong>, shall at all times belong to <strong>GS1</strong> <strong>India</strong> exclusively.<br />
8.3 The Applicant company under all circumstances shall promptly call to the attention of <strong>GS1</strong><br />
<strong>India</strong> the use of any Intellectual Property or CPN, by any third party or any such activities of third<br />
parties, which in the opinion of the Applicant company amounts to infringement of the legal<br />
rights of <strong>GS1</strong> <strong>India</strong> whenever the infringement is noticed by the Applicant company.<br />
9. Warranties and Representations<br />
9.1 Each authorized subscriber warrants that it shall use the CPN only for the company for<br />
which it has been allocated and not for any of its sister concern, subsidiaries etc. The Applicant<br />
company warrants that it shall not use the name, CPN or other form of identification of <strong>GS1</strong><br />
<strong>India</strong> as its own or to refer to as associated with its own name/products. Further, Applicant<br />
company shall not lease/pass on/rent the rights granted.<br />
9.2 The Applicant company warrants that it shall not use the CPN if it has failed to comply with<br />
the terms of use or pay the requisite License/rights fee. In case of continued use, the Applicant<br />
company accepts to be legally liable to <strong>GS1</strong> <strong>India</strong> for unpaid license/rights fee, damages and<br />
any other amounts that may be levied by <strong>GS1</strong> <strong>India</strong>.<br />
9.3 The Applicant company shall help/assist <strong>GS1</strong> <strong>India</strong> by providing information, details, data,<br />
etc. towards provisions of clause 9, to ensure proper use of the rights/CPN granted.<br />
9.4 The Applicant company warrants that in case there is any change to the product for which<br />
the CPN was assigned, or there is change in the constitution/structure of the Applicant<br />
company, etc., then it shall provide all information within 10 working days to <strong>GS1</strong> <strong>India</strong>. The<br />
Applicant company agrees to pay any additional money or abide by any additional terms that<br />
<strong>GS1</strong> <strong>India</strong> 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<br />
as well as brands (belonging to the applicant company) at a later date, or any disputes on the<br />
same, the same would need to be informed to <strong>GS1</strong> <strong>India</strong>, who at its discretion would be free to<br />
decide whether the CPN allocated can be used by the new entity or whether the same is<br />
revoked and a fresh registration is warranted for allocation of a new CPN at a fee as applicable.<br />
9.6 The Applicant company warrants that it will be bound by the terms & conditions with respect<br />
to clause 11 even after the termination or when the Applicant ceases to be a Subscriber.<br />
10. Action against third parties<br />
<strong>GS1</strong> <strong>India</strong> shall have the exclusive right to take all/any action against 3rd Parties in respect of<br />
violation of IP rights and if required by <strong>GS1</strong> <strong>India</strong>, the Applicant company shall co-operate fully<br />
with <strong>GS1</strong> <strong>India</strong> in any such action, in all manner possible. In the event of any disputes related to<br />
ownership of the CPN allocated by <strong>GS1</strong> <strong>India</strong>, <strong>GS1</strong> <strong>India</strong> shall be the sole arbitrator and his<br />
decision shall be final & binding.<br />
11. Termination<br />
11.1 Termination for breach - <strong>GS1</strong> <strong>India</strong> is entitled to terminate the licence/rights after giving<br />
notice of termination when there is failure on the part of the Applicant company to make<br />
payment of License/rights Fee or failure on the part of the Applicant company to perform its<br />
obligations or the disqualification of the Applicant company from being able to perform<br />
responsibilities such as liquidation, winding-up, death, etc. or any change ownership,<br />
constitution, directors, etc. of the Applicant company, that is not informed to <strong>GS1</strong> <strong>India</strong> for which<br />
<strong>GS1</strong> <strong>India</strong> has not given written assent.<br />
11.2 Voluntary Termination – <strong>GS1</strong> <strong>India</strong> may unilaterally revoke the rights granted to the<br />
Applicant company with respect to use of the CPN, by sending appropriate notice, if it has<br />
reason to believe that the Applicant company has not been adhering to the standards<br />
prescribed/ is acting in a detrimental manner towards the interest of <strong>GS1</strong> <strong>India</strong>/ is acting<br />
contrary to the general business practices or norms of the Trade/ or involved in any such similar<br />
activity. The Applicant company can also voluntarily terminate the agreement by sending written<br />
intimation to this effect to <strong>GS1</strong> <strong>India</strong>.<br />
11.3 On termination, the Applicant company shall forthwith pay to <strong>GS1</strong> <strong>India</strong> all amounts due<br />
pertaining to outstanding dues against the Applicant company as per the records of <strong>GS1</strong> <strong>India</strong>.<br />
12. Consequences of Termination<br />
Upon termination, the Applicant company shall discontinue the use of the CPN and all other<br />
form of rights/representations granted by <strong>GS1</strong> <strong>India</strong> with immediate effect. Any needful<br />
continuance must be approved in writing from <strong>GS1</strong> <strong>India</strong>. The grant of the CPN, the graphical<br />
representation and other rights granted, shall stand revoked upon termination. Further, the<br />
Applicant company must ensure the Proprietary rights of <strong>GS1</strong> <strong>India</strong> are protected irrespective of<br />
the surrender and that all use of rights granted is stopped consequent to the termination.
13. Indemnity<br />
The Applicant company shall indemnify <strong>GS1</strong> <strong>India</strong> against all actions, claims, costs, damages<br />
and expenses, which <strong>GS1</strong> <strong>India</strong> may suffer or sustain as a result of actions of the Applicant<br />
company. All precautions have been taken by <strong>GS1</strong> <strong>India</strong> while allocating the Company Prefix<br />
number to the Applicant company. However, in the event of any fault in allocation of the CPN by<br />
<strong>GS1</strong> <strong>India</strong>, liability of <strong>GS1</strong> <strong>India</strong> shall stand limited to the amount (fee) paid by the Applicant<br />
company to <strong>GS1</strong> <strong>India</strong> at the time of allocation of CPN.<br />
14. Miscellaneous<br />
14.1 No waiver and Severance – No waiver by <strong>GS1</strong> <strong>India</strong> to any of the Applicant company’s<br />
obligations unless made in writing, nor waiver by <strong>GS1</strong> <strong>India</strong> in respect of any breach be deemed<br />
to constitute a waiver of or consent to, any subsequent breach(es) by the Applicant company. In<br />
the event that any provision is declared by any judicial or other competent Authority to be void,<br />
voidable or illegal, the remaining provisions shall continue to apply unless <strong>GS1</strong> <strong>India</strong> in its sole<br />
discretion decides to do otherwise.<br />
14.2 Governing Law shall always be the laws of the Republic of <strong>India</strong> and every interpretation<br />
will be deemed to be made in <strong>India</strong>. The jurisdiction in all matters of dispute shall lie exclusively<br />
with the Courts in New Delhi.<br />
14.3 Change of Address – Each of the parties shall give notice to each other on<br />
change/acquisition of a new business address within 7 (seven) working days of such change.<br />
Any failure on the part of the Applicant company to inform of change in address, shall constitute<br />
a violation that can consequently lead to termination of licence/rights at the discretion of <strong>GS1</strong><br />
<strong>India</strong>.<br />
Annexure I<br />
Procedure for reimbursement of interest free refundable security deposit amount of Rs.1500/-<br />
after cancellation/ termination of subscription with <strong>GS1</strong> <strong>India</strong>.<br />
1. Request letter on company letterhead for refund of interest free refundable security<br />
deposit amount of Rs.1500/-.<br />
2. Subscriber needs to submit the attached affidavit on Rs.10/- non judicial stamp paper to<br />
<strong>GS1</strong> <strong>India</strong>.<br />
3. Submission of original receipt issued by <strong>GS1</strong> <strong>India</strong> towards interest free refundable<br />
security deposit amount.