Remedies And Measures To Combat Counterfeiting In India Available Under Intellectual Property Laws:
I. Remedies Against Counterfeiting of Copyrights:
• Section 55 of the Indian Copyright Act, 2012 provides for civil remedies against counterfeiting/ infringement in copyright by way of either damages compensating the loss due to infringement or/and injunction prohibiting person infringing from continuing to infringe the copyright.
• Certain infringements may be criminal offences also. Section 64 empowers the police to seize all counterfeit software copies, while Section 63 provides for imprisonment of up to three years and fines of up to rupees two lakhs in case of infringement or abatement.
• Section 11 of the Customs Act further empowers the customs officials to prohibit the importation and exportation of goods in order to protect copyrights and trademarks. A new customs recordal system has also been introduced through the Intellectual Property Rights (Imported Goods) Enforcement Rules,
2007 to strengthen border enforcement with the objective of preventing the entry of counterfeit goods into the country.
II. Remedies Against Counterfeiting of Trademarks:
• The Trade Marks Act, 1999 provides for the statutory protection of not only registered trademarks (Section 29), but also makes provisions for maintaining suits in cases of passing off actions with respect to both registered or unregistered trademarks (Section 27(2)).
• Section 135 provides for civil remedies in case of either infringement or passing off. These remedies may include injunction, damages, delivery up and rendition of accounts.
• Section 102 of the Trade Marks Act defines counterfeiting in terms of “falsification” and “false application” of a trademark. Counterfeit in India is cognizable offence and Section 103 of the Act provides for penalties which includes imprisonment of up to three years and fines of up to rupees two lakhs in case of counterfeiting.
The occurrence or likelihood of occurrence of an offence can be directly reported to a police officer not below the rank of Deputy Superintendent or to the Intellectual Property Cells of police in cities like Delhi, Mumbai, Kolkata, and Bangalore.
III. Remedies Against Counterfeiting of Patents:
• A suit against infringement of a patent may be instituted at the district court or the High Court having original jurisdiction to try the suit (Section 104). The procedure followed in conducting a suit for infringement is governed by the provisions of Code of Civil Procedure.
The reliefs which may be awarded in such a suit may include interlocutory/ interim injunction, damages or account of profits, or permanent injunction.
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