S.S.Rana-IPR-Law-Firm
ssrana-facebook   ssrana-twitter   ssrana-googleplus   ssrana-linkedin   ssrana-googleblog
Client Login
  Skip Navigation Links  
 














   













CRIMINAL REMEDIES IN INDIA


 

INDIAN IP LAWS

  PATENTS
TRADEMARKS
DESIGNS
COPYRIGHT
DOMAIN NAMES
GEOGRAPHICAL INDICATIONS
ANTI-COUNTERFEITING
IP ENFORCEMENT AND LITIGATION
 
Indian Courts Structure
Indian Courts Jurisdiction
Enforcement And Remedies
Civil Remedies
Criminal Remedies
Administrative Remedies
Ceases and Desist Notices
SLP (Supreme Court)
INFRINGEMENT & PASSING OFF OF TRADEMARK
FRANCHISING LAW
MADRID PROTOCOL

SAARC IP LAWS

INTERNATIONAL IP LAWS

USEFUL LINKS

 

Criminal Remedies - Protection/Enforcement Of Intellectual Property Rights (IPR) In India:

The criminal remedies available to owner of copyright, trademark and patents are as follows;

i. Trademarks
The Trade Marks Act, 1999 is the primary statute for the governing the law relating to the trademarks in India. The said act enumerates numerous offences in relation to the trademarks like falsifying and falsely applying a trademark, making or possessing instruments for falsifying Trade Marks, applying false trade description, applying false indication of country of origin etc. The falsification and falsely applying a trademark related to food and drugs is a cognizable offence. The punishment for the aforesaid offences varies from offence to offence but the maximum punishment can go as high as imprisonment up to 3 years with or without fine.

ii. Copyright
Copyright Infringement is a cognizable offence. Under the Copyright Act, 1957 the offence of infringement of copyright is punishable with imprisonment, which may extend from a mandatory punishment of 6 months to maximum of 3 years and with a fine not less than fifty thousand rupees and extending upto two lakh rupees.

iii. Patents
The Patents Act, 1970 under Chapter XX also prescribe many offences in relation to patents such as falsification of entries in register, unauthorised claim of patent rights, refusal or failure to supply information etc.



For more information on Criminal Remedies in India please write to us at: info@ssrana.com

 
  |   |   |   |   |   |   |   |   |   |  


© Copyright 2010-17, S.S. Rana & Co. All rights reserved