TERMS FOR USE OF GS1 COMPANY PREFIX (GCP) NUMBER  

1. Definitions: 

 

a. 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 CPN 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 CPN. 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/-. 

 

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 CPN 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 CPN 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 CPN 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 CPN 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 (GCP) 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 CPN 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 CPN / 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 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/CPN 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 CPN 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 CPN, 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 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 CPN 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. 

                                                      

 

Annexure I 

 

Procedure for reimbursement of interest free refundable security deposit amount of Rs.3000/- 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.3000/-. 

 

2. Subscriber needs to submit an affidavit on Rs.10/- non judicial stamp paper to GS1 India.