What is the legal stance on comparative advertising under the Trademark Act, 1999?

The Trademark Act, 1999 allows comparative advertising to a certain extent, as long as it adheres to honest industrial or commercial practices. Section 30(1) of the Act permits comparative advertisements that highlight the superior qualities of one's own brand without disparaging or misleading consumers about a competitor's products or services.

How does the law distinguish between permissible comparative advertising and trademark infringement or disparagement?

The Act considers advertisements that take unfair advantage of a registered trademark, are detrimental to the trademark's distinctive character, or harm the trademark's reputation as acts of infringement under Section 29(8). Disparagement occurs when an advertisement puts down a rival brand's goods or services in a false or misleading manner. Comparative advertisements must be honest, true, and bonafide to avoid infringing upon trademarks or disparaging competitors.

What role do social media influencers play in comparative advertising, and what are the legal implications?

In the digital era, social media marketing has become a popular platform for comparative advertising strategies. The judiciary has clarified that social media influencers are responsible for ensuring their comparative advertisements on social media platforms adhere to honest business and commercial practices. The case of Marico Limited v. Abhijeet Bhansali is a precedent that highlights the legal implications of comparative social media advertisements.

What is comparative advertising?

Comparative advertising is a marketing strategy where a brand directly or indirectly compares its products or services with those of its competitors operating in the same market. It aims to showcase the superiority of one's own brand while adhering to honest commercial practices.

Is comparative advertising legal under Indian law?

Yes, comparative advertising is permissible under the Indian Trademark Act, 1999, as long as it does not amount to disparagement or trademark infringement. Section 30(1) of the Act allows comparative advertising that follows honest industrial or commercial practices.

What is considered disparagement in comparative advertising?

Disparagement occurs when a comparative advertisement misleads consumers into believing that a competitor's products or services are of inferior quality. It involves making false or misleading statements or claims about a rival brand, which can amount to trademark infringement under Section 29(8) of the Trademark Act, 1999.

Can social media influencers engage in comparative advertising?

Yes, social media influencers can engage in comparative advertising, but they must be mindful of their responsibility to avoid making false or misleading claims about rival brands. The Indian judiciary has ruled on this issue, emphasizing the need for influencers to be careful when making comparative statements on social media.

How can brand owners strike a balance between comparative advertising and disparagement?

Brand owners can strike a balance by advertising honest and bonafide statements about rival brands, using clear disclaimers, and ensuring that the claims or statements made can be substantiated with valid evidence. Mere puffery or exaggeration is generally permissible, but false or misleading statements should be avoided.

What factors determine whether a comparative advertisement is considered honest commercial practice?

The determination of honest commercial practice in comparative advertising is subjective and depends on the facts and circumstances of each case. Generally, advertisements that are true, honest, not misleading and can be substantiated with evidence are more likely to be considered honest commercial practices.

Renu Suresh

Expert

Published on: Jun 24, 2026

Kimberley Process Certificate For Diamonds

Kimberley Process Certification Scheme (KPCS) has been introduced to certify that the shipments of rough diamonds are free from conflict diamonds. The KPC Scheme requires that each shipment of rough diamonds being exported and imported should accompany a validated Kimberley Process certificate by the governments of respective countries. In India,

Gem and Jewellery Export Promotion Council issues Kimberley Process Certificate and certifies the diamond as conflict-free. In this article, we will look in detail at the Kimberley Process Certificate for the Export/Import of Diamonds.

Kimberley Process Certification Scheme (KPCS)

The Kimberley Process Certification Scheme is an international scheme to terminate the trade of conflict diamonds. Under this scheme, the Government implements safeguards on shipments of rough diamonds and certifies the diamond as conflict-free. According to this Scheme, each rough diamond shipment must be accompanied by the Kimberley Process certificate and transported in a tamper-resistant container. The KP certificate states the authenticity of the rough diamond.

Prescribed Authority for Kimberley Process

The Kimberley Process Certificate will be verified and validated by the Gem and Jewellery Export Promotion Council (GJEPC), which has been designated, under the Kimberley Process Certification Scheme, as an Importing-Exporting Authority by the Government of India.

Attributes in Kimberly Process Certificate

The KPC identifies the shipment of rough diamonds as complying with the requirements of the certification scheme. The Kimberly Process Certificate will contain the following details of rough diamonds:

Country of Origin
The KP certificate number
Date of issue of KP certificate
Date of expiry of the certificate
Details of the certificate-issuing authority
Details of importer and exporter
Diamond Carat Weight
Value of Diamond
Number of the parcel in shipment
Relevant HS code
Validation of certificate by the exporting authority

Eligibility Criteria

The Kimberly Process Certificate (KPC) applicant may be a member of the Gem and Jewelry Export Promotion council or a non-member. Agents can also apply on behalf of the members and non-members.

Documents Required

The following documents are required to obtain the KP Certificate from GJPEC.

Documents for Import

The application for the import of conflict diamonds
Copy of KP certificate for endorsement
Import Invoice with the declaration
House Airway Bill
Cheque or DD for KP Processing Charges
Copy of Import Export Code
Stock declaration for the financial year on an annual basis

Documents for export

The application for the export of conflict diamonds
Export Invoice duly signed by the proprietor, partner, or director
Proof of source of Diamond being exported – Import invoice, KP Certificate copy, or Purchase invoice containing the statutory declaration
Reason letter for export of rough diamonds
Cheque or DD for KP Processing Charges
Copy of Import Export Code
Stock declaration for the financial year on an annual basis

KP Certificate Processing Fee

The processing charges for the Kimberley Process Certificate are tabulated here:

S.No	Fee Details	For Members of GJEPC	For Non-Members of GJEPC
1	Application Fee	Rs.910	Rs.910
2	Processing Charging	Rs.500	Rs.500
3	Courier Charges	Rs.310	Rs.310
4	GST	As applicable	As applicable

The validity of the KP certificate

The Kimberly process certificate is valid for one year. After the expiry of the certificate, the applicant needs to access the GJEPC for renewal. The applicant needs to pay the fee mentioned above.

Application Procedure

The online application procedure for the Kimberley Process certificate is explained in detail below:

User Registration

GJEPC Members can use the existing user name and password to log in to the system to apply for KPC.

Kimberley Process Certificate-Login

Non- Member of GJEPC

The Non-member of GJEPC can fill out the Non-Member application to get the details. The applicant needs to provide the details of the company and location where she/he will be picking up the Kimberly Certificate. The application will be verified by the council, and the login credential will be sent to the email.

Kimberley Process Certificate-Registration

Agents

As mentioned above, agents can apply for KPC on behalf of GJEPC members and non-members. The agent’s login credentials will be provided by the GJEP Council.

Kimberley Process Certificate-Non-Member Registration

Submit Application

After login in to the portal, the applicant can submit the import application for KPC. The exporter details will be retrieved from the details available with the GJEPC. Note: If the applicant does not find the exporter details, create new ones. The applicant has to provide the following details:

Invoice Details: Invoice Number, Invoice Date
Number of Parcels
KP Certificate Number
HS Codes

After providing the details, upload all the supporting documents. The applicant must select the processing location where the import application will be processed. The pick-up option is available for the self-pick-up at the processing location or delivery by courier; the applicant can select any option.

Make Fee Payment

After applying, the applicant can move to the payment cart for a single-window payment. The payment for the KP certificate can be made online by Credit card using the council’s Payment gateway account or offline by Cheque or Demand Draft.

Application Confirmation

The application confirmation will be displayed after successful payment. The application will be processed by the GJEPC.

Get KPC

After verification, the Kimberly process certificate (KPC) will be issued to the concerned exporter/importer.

Procedure for Import of Rough Diamonds

The imported consignment of rough diamonds should be accompanied by a Kimberly process certificate and other trade & import documents. The KP certificate issued by the designated authority of the exporting should be placed inside the container, and the certificate number should be replaced on the container. On or before the consignment's arrival, the importer must submit the KP certificate and all other supporting documents to the GJEPC for verification and certification. The GJEPC will scrutinize all the supporting documents, and if found in order, Council will endorse the copy of the Kimberly Process certificate. The importer needs to submit the KP Certificate endorsed by the council and other documents for clearance of rough diamonds.

Procedure for Export of Rough Diamonds

The export of rough diamonds should be accompanied by the KP certificate issued by the council. The exporter needs to submit all the required documents to GJEPC. After scrutinizing the documents, the council will issue KP Certificate. The exporter must declare all KPC numbers and dates on all copies of the shipping bill below the description of the goods. The original KP certificate should be placed in the export parcel before entering into custom clearance. After clearance, one copy of the KP certificate will be attached to the Shipping bill, and another copy needs to be forwarded to the foreign country along with shipping documents to facilitate the clearance of the goods at the destination. More details on Kimberely Certificate can be accessed below:

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Frequently Asked Questions

Common questions about Kimberley Process Certification for Diamonds in India.

The Kimberley Process Certificate (KPC) is an international certification scheme that aims to prevent the trade of conflict diamonds. It is a validated document that accompanies each shipment of rough diamonds, certifying that the diamonds are conflict-free.

In India, the Gem and Jewellery Export Promotion Council (GJEPC) is the designated authority responsible for issuing and validating the Kimberley Process Certificates for the import and export of rough diamonds.

A Kimberley Process Certificate contains details such as the country of origin, certificate number, issue and expiry dates, details of the issuing authority, importer and exporter information, diamond carat weight, value, parcel number, relevant HS code, and validation by the exporting authority.

Both members and non-members of the Gem and Jewellery Export Promotion Council (GJEPC) can apply for a Kimberley Process Certificate. Additionally, agents can apply on behalf of members or non-members.

To obtain a KPC for import, the required documents include an application form, copy of the KPC for endorsement, import invoice, House Airway Bill, cheque or DD for processing charges, Import Export Code, and stock declaration.

A Kimberley Process Certificate is valid for one year from the date of issue. After the expiry, the applicant needs to apply for renewal and pay the applicable fees to GJEPC.

The application for a Kimberley Process Certificate can be submitted online through the GJEPC portal. GJEPC members can use their existing login credentials, while non-members and agents need to register and obtain login credentials from the council.

For importing rough diamonds, the importer must submit the KPC issued by the exporting authority, along with other trade and import documents, to GJEPC for verification and endorsement. The endorsed KPC must be presented for customs clearance.

To export rough diamonds, the exporter must submit the required documents to GJEPC. After scrutiny, GJEPC will issue the KPC. The original KPC must be placed in the export parcel, and copies attached to the shipping documents.

The processing fees for a KPC include an application fee, processing charges, courier charges, and applicable GST. The fees are slightly higher for non-members of GJEPC compared to members.