ENFORCEMENT OF TRADEMARKS & COPYRIGHTS LAWS IN INDIA
PUBLISHED BY MS. HARINDER NARVAN, MS. AASHRIKA AHUJA AND MR. PURNOOR BRAR AS ON 05.02.2024
INTRODUCTION:
A Trademark can be any word, phrase, symbol, design, or a combination of these things that identifies particular goods or services any individual is dealing with. In simple terms, it’s how customers recognize one’s name and brand in the marketplace and make informed decisions by differentiating one brand from the other. Examples of Trademark: Google, Walmart, Apple, Nike, Rolex, etc. Copyright on the other hand, is the legal, inherent bundle of right of the owner of literary, dramatics, educational or musical work . In simple language, this means that the original creators of products and anyone they give authorization to are the only ones with the exclusive right to reproduce the work. Examples of Copyright: Literary Work (Books), Dramatic Work (Plays, Movies), Musical Work (Songs), etc. Knowledgentia Consultants which is the best corporate international law firm in India, we provide all kinds of copyright and brand registration services.
ENFORCEMENT OF TRADEMARKS & COPYRIGHTS LAWS IN INDIA:
ENFORCEMENT OF TRADEMARKS
The Trademarks Registry was established in India in 1940 and presently it administers the Trademarks Act, 1999 and rule made thereunder. It acts as a resource and information center and is facilitator in matters relating to Trademarks in India. Furthermore, the Trademark Act, 1999 enforces the Trademark rights all over the country. To enforce rights of an owner of registered Trademark, an action can be instituted before any Judicial courts of India. Moreover, a person under section 190 of the Code of Criminal Procedure can also file a criminal complaint for violation of their rights directly to the Magistrate. The Magistrate can further initiate an inquiry under section 156(3) of the Code of Criminal Procedure. Knowledgentia Consultants, one of the foremost brand registration firm in Greater Kailash, provides customized solution for brand registration and enforcement in Delhi NCR.
If any violation occurs Penalties & Punishments are also prescribed by the Trademarks Act, 1999. Penalties & Punishments varies from type of violation which has occurred, Few examples:
- Section 103: For applying false Tradmarks, Trade description, etc. (Imprisonment for not less than Six months but which may extend to Three years & Fine not less than fifty thousand rupees, but which may extend to two lakh rupees)
- Section 104: For selling goods or providing services to which false Trademark or false trade description is applied. (Imprisonment for not less than Six months but which may extend to Three years & Fine not less than fifty thousand rupees, but which may extend to two lakh rupees)
- Section 105: Enhanced penalty on second or subsequent conviction (Imprisonment for not less than One year but which may extend to Three years & Fine not less than one lakh rupees, but which may extend to two lakh rupees)
- Section 115: Powers of police officers for search and seizure.
ENFORCEMENT OF COPYRIGHT
The Copyrights law in India are enforced through The Copyright Act, 1957. For the violation of the Copyright, an action can be instituted before any Judicial court of India. Moreover, a person under section 190 of the Code of Criminal Procedure can also file a criminal complaint for violation of his/her Copyright directly to the Magistrate. The Magistrate can further initiate an inquiry under section 156(3) of the Code of Criminal Procedure. Copyright registration services in India, are now provided by experts at Knowledgentia in the most cost effective and timely manner.
If any violation occurs Penalties & Punishments are also prescribed by the Copyright Act, 1957. Few of them are listed as under:-
- Section 63: Offences of infringement of copyright or other rights conferred by this Act (Imprisonment for not less than Six months but which may extend to Three years & Fine not less than fifty thousand rupees, but which may extend to two lakh rupees).
- Section 63 A: Enhanced penalty on second and subsequent convictions (Imprisonment for not less than One year but which may extend to Three years & Fine not less than one lakh rupees, but which may extend to two lakh rupees).
- Section 64: Police have power to seize infringing copies.
- Section 65: Possession of plates for the purpose of making infringing copies (Imprisonment which may extend to Two years and shall also be liable to fine).
CASE LAWS:
- DIABLISS CONSUMER PRODUCTS PVT LTD. VS OVERRA FOODS, DECIDED ON 5 JANUARY, 2024
The plaintiff employed its registered mark ‘DIABLISS’ in relation to its product, which is a diabetic friendly sugar, and alleged that the defendant was selling a similar product under the name ‘DIABEAT’, which was registered as a trademark, in a similar packaging and trade dress. The plaintiff was granted injunction at an earlier date against the defendants by the Madras High Court, and filed the present petition seeking removal of the ‘DIABEAT’ trademark. Noting that the acts of the defendant were a “mala fide and dishonest attempt to cause confusion in the market”, the Court ordered the defendant’s mark to be removed.
- KHADI AND VILLAGE INDUSTRIES VS AAYUSH GUPTA AND OTHERS, DECIDED ON 5 JANUARY, 2024
The plaintiff’s “KHADI” trademark is registered across multiple classes, including in relation to hand soaps and other related products, was allegedly being used without authorization by the defendants on hand cleansers and the products were also being offered on e-commerce websites like Amazon. The court while granting ex-parte injunction held that the use of the deceptively similar “KHADI EARTH” mark by the defendants was found to be a prima facie case of infringement.
- HUWAIS IP HOLDING LLC & ANR VS WALDENT INNOVATIONS PRIVATE LIMITED, DECIDED ON 5 JANUARY, 2024
In this case, the plaintiffs are holders of copyright and trademark in the products related to the proprietary “Densah Bur technology,” which involves bur attachments for dental implants. The plaintiffs discovered that the defendants had displayed exact replicas of the dental burs manufactured by the plaintiffs using their proprietary technology on their website as “Waldent Universal Osseodensification Burs Kit”. The court in this case directed the defendant to remove the impugned listings and further restrained them from using the any marks similar to that of the plaintiff.
- DR. REDDYS LABORATORIES LIMITED VS SGS PHARMACEUTICALS (P) LTD, DECIDED ON 5 JANUARY 2024
In this matter, the defendant was restrained from selling its product, CYPROHEPTADINE-4, using the trade dress (including colour, artistic style, lay out) of PRACTIN (the plaintiff’s product) or using any other trade dress which is deceptively similar to that of the plaintiff’s product. It was made clear that there is no restraint on the defendant to market and sell its product under the name CYPROHEPTADINE-4, since the plaint and the relief sought is restricted to the issue of trade dress. The defendant was further directed in this regard to remove any reference to their existing packaging and any other representation from all physical and virtual media. It was held that, till the defendant adopts a different packaging in consonance with the above directions, the defendant shall be restrained from selling and marketing their product under the existing packaging.
CONCLUSION:
Though, there are strict laws made and maintained by Indian government regarding the enforcement of Trademark & Copyrights rights and new amendments are made in both the Acts (the Trademarks Act, 1999 & the Copyright Act, 1957) as per the changing times and keeping in pace with the modernization and technological developments in the nation and the whole World; but enforcement at grass roots level still remains a challenge. Knowledgentia Consultants which is the best law firm for global IPR protection not only adapts to the changing legal scenario but also makes the transition for clients easy and accessible. We are your one-stop solution for all kinds of legal, compliance and supplemental matters concerning IP matters. In case of any query regarding this matter you may email us at info@knowledgentia.com or visit our website -https://knowledgentia.com/.
