Counterfeiting is decaying the economic framework of India and surprisingly there is no legislation against counterfeiting. According to a magazine VantageAsia, “In India, there is no legislation to impose strict punishment and/or imprisonment for counterfeiting and piracy.”
Besides badly affecting the brands and consumers in general, duplication also has a detrimental effect on the company. Different reports also suggest that IPR infringements are an important source of income for organised criminal groups. Such groups are engaged in different crimes like drug trafficking, money laundering and terrorist activities. However, there are certain laws which aim at curbing the problem of duplication to a large extent. Let’s discuss some of them.
The intellectual property regulations in India include Trademark act, Copyright Act and Patent Act which are meant counter duplication.
Copyright Act, 1957– The act provides power to the Police to seize infringed copies of the works which have copyright
Trademark Act, 1999– The Act nowhere mentions the term “counterfeit”; however, the Act provides for civil remedies in the form of an injunction, damages, delivery-up etc.
The Patent Act 1970- According to lexology.com “The present Patents Act, 1970 came into force in the year 1972, amending and incorporating the existing laws relating to Patents and Designs act 1911 in India. The Patent (Amendment) Act 2005 came into force from 1st January 2005, which brought changes in the previous patent system of India wherein product patent was extended to all subjects of technology consisting of food, drugs, chemicals and microorganisms.”
Besides these acts, there are many border protection measures which check counterfeiting in India.