Combating counterfeiting

Parallel to the growth in innovation across many industries, counterfeiting has also increased and now affects all spheres of work, ranging from literary to musical, and all types of goods, ranging from agricultural to industrial. To combat this surge in counterfeiting, various remedies are available to rights holders under Indian law.

IP rights such as trademarks and copyright can be enforced through civil or criminal litigation, while designs and patents can be enforced only through civil litigation. The Trademarks Act punishes offences such as falsifying or falsely applying a trademark with imprisonment of between six months and three years and a fine of between Rs50,000 ($770) and Rs200,000 ($3,076). Similar search and seizure powers are available under the Copyright Act, which states that any police officer with the rank of at least sub-inspector can seize without warrant all copies of an infringing work and the plates used to make those copies if he or she is satisfied that a copyright infringement offence has been, is being or is likely to be committed.

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