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Intellectual Property Laws and Counterfeiting in India

IPR and Counterfeiting in India

It is evident that counterfeiting of products continues to be a bane to the Indian economy as well as the world-wide image of the country. However, India’s status as a low-cost manufacturing base also opens it up for use by counterfeiters as a prime location for the production of counterfeit goods both for domestic sale and export.

It is evident that counterfeiting of products continues to be a bane to the Indian economy as well as the world-wide image of the country. However, India’s status as a low-cost manufacturing base also opens it up for use by counterfeiters as a prime location for the production of counterfeit goods both for domestic sale and export

Copyrights and Counterfeiting in India

Section 55 of the Indian Copyright Act, 2012 provides for civil remedies against counterfeiting/ infringement in 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.

Trademarks and Combating Counterfeiting in India

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.

Section 102 of the Trade Marks Act defines counterfeiting in terms of “falsification” and “false application” of a trademark.

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.

To know more about Anti Counterfeiting in India click here

For more information on IPR and Counterfeiting in India, please write to us at: info@ssrana.com.

For more information please contact us at : info@ssrana.com