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Is selling counterfeit goods illegal?
Is counterfeiting illegal?
Is counterfeiting illegal in India?
How counterfeit products are sold?
Jul 19, 2024 · To counterfeit is to sell or market a non-genuine product as a genuine. Generally, such products are sold under the name of a famous manufacturer and an unwary consumer is misled to believe that the product originates from the same manufacturer.
- Counterfeiting in India
Thus, counterfeit in general refers to knock-offs which are...
- Legal action against fake goods
In case, there is illegal sale of a work wherein copyright...
- Counterfeiting in India
Jul 19, 2024 · In case, there is illegal sale of a work wherein copyright subsists, the aggrieved party can initiate criminal proceedings against the person selling the counterfeit work.
- Trademarks Act, 1999
- Copyright Act, 1957
- Designs Act, 2000
- Geographical Indications of Goods (Registration and Protection) Act, 1999
- Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
- The Drugs and Cosmetics Act, 1940
- Indian Penal Code (IPC), 1860
Although the term ‘counterfeit’ has not been defined under the Trademarks Act, the Act basically aims to provide remedies against trademark infringement. Trademarks provide valid protection for a p...The provisions in the Act contain both civil and criminal consequences for trademark infringement, passing off or falsifying a trademark.Section 134 of the Act includes civil reliefs as per which in any suit for trademark infringement or of passing off, the court may grant injunction, damages, account of profits together with or wit...Provisions for falsifying trademarks and falsely applying trademarks are mentioned in Section 102 of the Act. It can be considered similar to counterfeiting a trademark.Legal protection and enforcement of copyrights in India are stated in the Copyright Act.As per Section 13 subsection 1 of the Act, copyright shall subsist in original literary, dramatic, musical and artistic works, cinematograph films, and sound recordings.Section 22 defines the validity of a copyright, which is for 60 years in published literary, dramatic, musical, and artistic work.As per Section 26, the validity of copyrights for cinematograph films is for 60 years.The Designs Act aims to consolidate and amend the laws related to designs protection in India.As per Section 4, the Act prohibits registration of designs which:are not new or original.have been disclosed anywhere in India or in any other country to the public in publication in tangible form.This Act aims to provide better protection of geographical indications relating to goods.Geographical Indication in relation to goods means an indication that identifies goods, be it agricultural, natural or manufactured, as originating or manufactured in a specific region or a localit...As per Section 11, geographical indication cannot be registered by an individual but by any association of persons or producers, or any organization or authority representing the interest of the pr...Section 22 of the Act includes provisions for infringement of a registered geographical indication when it is used to mislead the persons as to the geographical origin of a good.Framed under the Customs Act, 1962, these rules aim to strengthen the executive guideline set for the protection of intellectual property rights at the borders.As per the Rules, ‘goods infringing intellectual property rights’ is defined as any goods which are made, reproduced, put into circulation or otherwise used in breach of the intellectual property l...The Deputy Commissioner of Customs (DCC) or Assistant Commissioner of Customs (ACC) are empowered by these laws to suspend the clearance of any goods that they believe are suspected to be goods inf...Depending upon situations, the Rules empower the DCC or the ACC to destroy any goods that are infringing intellectual property rights.The Drugs and Cosmetics Act aims to regulate the import, manufacture, distribution, and sale of drugs and cosmetics.Spurious drugs and cosmetics are defined under Section 9B and 9D of the Act.Under Section 10 of the Act, import of any spurious drug or cosmetics is prohibited. It is punishable under Section 13 with imprisonment for 3 years and a fine that may extend up to INR 5000.Drugs or cosmetics may be deemed to be spurious if inter alia:Provisions for criminal consequences for counterfeiting coins, government stamps, seals, property marks, currency notes, and bank notes are stated in the IPC.Chapter XII, IPC concerns offences, including counterfeiting, related to coins and stamps. In case of coins, not only is making counterfeit coins a punishable offence but making or selling any equi...Chapter XVIII of the IPC provides for offences related to documents and property marks, wherein Sections 489A to 489E deals with counterfeiting of currency notes and bank notes.Counterfeiting of currency notes and bank notes is punishable with imprisonment for life or with imprisonment that can extend up to 10 years and a fine.The sale of counterfeit goods (as described below) is illegal, as you're probably aware. But what does that mean for you? Will the trademark owner be able to find you?
The short answer is yes, selling counterfeit goods is illegal in most countries around the world. Counterfeit products infringe upon intellectual property rights, including trademarks, copyrights, and patents.
Apr 15, 2022 · Legal framework. Regarding statutory laws in India against counterfeiting, the principal legislation is the Trademarks Act (TMA), which provides both civil and criminal remedies against trademark counterfeiting. The Copyright Act also provides both civil and criminal remedies against infringers.
May 14, 2019 · The e-commerce boom in India has resulted in an explosion of online retailers selling counterfeit goods which are portrayed as original but with heavy discounts.
