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This document aims to summarize all the laws in India that targets Counterfeiting. Basically, related to safeguarding intellectual property
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Counterfeiting has been a global problem, with products designed, dressed, branded and/or packaged in a manner intended to be distinguishable from that of the genuine original and not manufactured and/or distributed with the authorization of the Brand Owners. This practice continues to be a bane to the Indian Economy also tarnishing the image of the country in the global arena. India being a low-cost manufacturing base opens it up for these counterfeiters as prime location for the production of these goods as well as for sale in country itself as well as export. In the latest Bharatiya Nyaya Sanhita which replaced ages old Indian Penal Code, contains many sections along with The Indian Copyright Act, The Customs Act, The Trademarks Act, The Patents Act, The Designs Act, The Geographical Indication of Goods (Registration and Protection) Act, The Protection of Plant Varieties and Farmers Rights Act, The Information Technology Act which prohibit the sale, production, export etc. of these types of goods. Also, India as a member of the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is bound by TRIPS Article 61, which makes it mandatory for member nations to provide criminal proceedings and sanctions in case of trademark infringement and copyright privacy. I. Importing of infringing goods is prohibited under the Customs Act, 1962 also read with intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. Section 11 of the Customs Act focuses on enforcing Intellectual Property rights, also enabling prohibition of certain goods to prevent patents, trademarks or any copyright infringements. II. The Customs Acts also provides seizure of counterfeit goods if there are reasons to believe that the goods are counterfeited. It also allows trademark, design and copyright owners to register their rights with customs for the seizure of imported counterfeit products. III. The Trademarks Act instead of using word counterfeit in its provisions, falsifying and falsely applied trademarks are used. Section 102 and 105 of trademarks act provide criminal remedies for selling counterfeit
products. Any person who sells, exhibits or hires the goods for sale that have false trademarks is liable IV. Section 64 of the copyright Act provides for seizure and confiscation of infringing copies of the work wherever found. And Section 63 of the same provides for imprisonment and fine as a punishment. V. The Standards of Weights and Measures (Enforcement) Act, says that whoever possesses, sells or offers or exposes to sell counterfeit seal or stamp, shall be punished with imprisonment for a term between six months and 2 years. VI. Drug and Cosmetics Act, 1940 also prohibits the sale, import or export of adulterated, spurious or misbranded drugs. VII. The IT Act is enforceable if illegal activities take place through a computer system and supporting technology. Sections 79 and 87(2) of the IT Act lay down rules, liabilities and exemptions of intermediaries offering third-party products for online sale. Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 (the Intermediaries Rules) specifically deals with due diligence to be observed by the intermediary to curb display and sale of counterfeit products through e-commerce.
I. In the new legislation BNS, it mostly talks about Offences related to coins, currency notes, bank notes, and government stamps and Offences related to Documents and Property marks and. Chapters X and XVIII talks about these two offences respectively. a. Chapter XVIII ranges from section 335 to 350. b. It talks about making a false document, forgery of record of court or of public register etc, forgery of valuable security, will etc, having possession of these types of documents or even electronic record and using it as genuine with knowledge of them being forged. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338.
Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Section 336 (2) of Bharatiya Nyaya Sanhita