BEWARE OF COUNTERFEITING, IT IS ON THE RISE! TAKE ACTION! APRICOT INTELLECTIVE IS READY TO HELP.
Offences under Sections 103, 104, and 105 of the Trade Marks Act, 1999 and under Section 63 of the Copyright Act, 1957 are cognizable. FIR can be filed for such Offences.
At Apricot Intellective, in order to check production and sale of Counterfeit Products, we coordinate the following criminal remedies available under the Law:
- Conducting Raids through Police assisted by experienced Personnel
- Filing of FIRs
- Seeking Opinion of the Registrar of Trade Marks under Section 115(4) of the Trade Marks Act, 1999
- Seeking Direction from the Hon’ble High Court under Section 482 of the Code of Criminal Procedure, 1973 in case of non-registration of FIR
- Appearing before the Hon’ble Sessions Court or the Hon’ble High Court in resisting grant of Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973 to the Accused
- Appearing before the Hon’ble High Court in Proceedings under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIRs, in order to sustain FIRs
Offenses under Copyright Act, 1957:
Section 63. Offence of infringement of copyright or other rights conferred by this Act. Any person who knowingly infringes or abets the infringement of- (a) the copyright in a work, or (b) any other right conferred by this Act, 125[except the right conferred by section 53A] shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees : Provided that where the infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.] Explanation.-Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section.
Offenses under Trade Marks Act, 1999:
Section 102. (1) A person shall be deemed to falsify a trade mark who, either--- (a) without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark: or (b) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise. (2) A person shall be deemed to falsely apply to goods or services a trade mark who, without the assent of the proprietor of the trade mark-- (a) applies such trade mark or a deceptively similar mark to goods or services or any package containing goods. (b) uses any package bearing a mark which is identical with or deceptively similar to the trade mark of such proprietor, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the proprietor of the trade mark. (3) Any trade mark falsified as mentioned in sub-section (1) or falsely applied as mentioned in sub-section (2) is in this Act referred to as a false trade mark (4) In any prosecution for falsifying a trade mark or falsely applying a trade mark to goods or services the burden of proving the assent of the proprietor shall lie on the accused Section 103. Any person who--- (a) falsifies any trade mark; or (b) falsely applies to goods or services any trade mark: or (c) makes, disposes of, or has in his possession any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying a trade mark or (d) applies any false trade description to goods or services or (e) applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 139, a false indication of such country, place, name or address: or (f) tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 139 or (g) causes any of the things above mentioned in this section to be done shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees. Provided that the court may for adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees. Section 104. Any person who sells, lets for hire or exposes for sale, or hires or has in his possession for sale, goods or things or provides or hires services, to which any false trade mark or false trade description is applied or which, being required under section 139 to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer, or person for whom the goods are manufactured or services provided as the case may be are without the indications so required, shall, unless he proves---- (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offense no reason to suspect the genuineness of the trade mark or trade description or that any offence had been committed in respect of the goods or services: or (b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services or (c) that otherwise he had acted innocently be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees. Section 115. (1) No court shall take cognizance of an offence under section 107 or section 108 or section 109 except on complaint in writing made by the Registrar or any officer authorized by him in writing: Provided that in relation to clause (c) of sub-section (1) of section 107, a court shall take cognizance of an offence on the basis of a certificate issued by the Registrar to the effect that a registered trade mark has been represented as registered in respect of any goods or services in respect of which it is not in fact registered. (2) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try an offence under this Act (3) The offences under section 103 or section 104 or section 105 shall be cognizable. (4) Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he is satisfied that any of the offences referred to in sub-section (3) has been is being, or is likely to be committed, search and seize without warrant the goods, die, block, machine, plate, other instruments or things involved in committing the offence where ever found, and all the articles so seized shall, as soon as practicable, be produced before a Judicial Magistrate of the first class or Metropolitan Magistrate as the case may be: Provided that the police officer, before making any search and seizure, shall obtain the opinion of the Registrar on facts involved in the offence relating to trade mark and shall abide by the opinion so obtained. (5) Any person having an interest in any article seized under sub-section (4), may within fifteen days of such seizure, make an application to the Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be, for such article being restored to him and the Magistrate after hearing the applicant and the prosecution, shall make such order on the application as he may deem fit.