ANTI-COUNTERFEITING LAWS IN INDIA
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
