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Anti Counterfeiting

Anti Counterfeiting Faq

ANTI COUNTERFEITING FAQ

  • Trademarks and Combating Counterfeiting in India

    The Trade Marks Act, 1999 provides for the statutory protection of not only registered trademarks (Section 29), but also makes provisions for maintaining suits in cases of passing off actions with respect to both registered or unregistered trademarks (Section 27(2)).

    Section 135 provides for civil remedies in case of either infringement or passing off.

    Section 102 of the Trade Marks Act defines counterfeiting in terms of “falsification” and “false application” of a trademark.

    Section 103 of the Act provides for penalties which includes imprisonment of up to three years and fines of up to rupees two lakhs in case of counterfeiting.

  • Copyrights and Combating Counterfeiting in India

    Section 55 of the Indian Copyright Act, 2012 provides for civil remedies against counterfeiting/ infringement in copyright.

    Certain infringements may be criminal offences also. Section 64 empowers the police to seize all counterfeit software copies, while Section 63 provides for imprisonment of up to three years and fines of up to rupees two lakhs in case of infringement or abatement.

    Section 11 of the Customs Act further empowers the customs officials to prohibit the importation and exportation of goods in order to protect copyrights and trademarks.

  • Combating Counterfeiting in India in the field of Books under Intellectual Property Laws:

    Piracy of books ranks 23rd in the global counterfeit goods list with a market value of $600 millions. Book piracy occurs in a variety of ways in the country, eg. unauthorized photocopying, unauthorized compilations in the form of course packs, pirated re-prints of trade titles, and unauthorized and scanned copies of books (particularly in the scientific, technical and medical sectors) and the hosting of such copies on sites created and maintained by university students.

  • Combating Counterfeiting in the Indian Movies & Music under Intellectual Property Laws

    India’s famous “Bollywood” film industry is the largest producer of films in the world. But larger is the challenge to tackle the piracy and counterfeiting threat that has the very existence of the industry at risk.
    In 2010, AACT was involved in 301 hard goods (DVD) raids in Mumbai and 19 hard goods (DVD) raids across Northern India. In a bid to fight against piracy, producers have begun officially releasing movies online within days of its release. The producers hope that the low cost for high quality prints would lure people into officially buying such movies online instead of succumbing to pirated versions, most of which are of poor quality prints. Music and movies are some of the industry’s worst affected by piracy in India.

  • Combating Counterfeiting in the Indian Drug Industry under Intellectual Property Laws

    As per the global counterfeit goods ranking, counterfeited drugs are at the top of the list with a market value of $ 200 billion. World over India is a leading manufacturer and exporter of high-quality generic and patent drugs. However, the TAXUD statistics released by the European Commission a few years back showed us the dark side by stating that 75 percent of fake drugs supplied world over had some origins in India. The figures are bound to have increased considerably.
    However, the health ministry in India has undertaken various steps to clamp down on the illegal trade such as launching a reward program in 2010, offering $55,000 to those who provide information about fake-drug syndicates amongst others. Important changes have also been proposed to the country’s IP laws such as the procedure stipulated by the Drug Controller General of India in January 2011, which required an amendment to Rule 96 (manner of labeling requirement) of Drugs and Cosmetics Act. The proposed amendment made it mandatory for every drug manufactured in India to bear on its primary label Unique Identifier Code and 2D bar code by which anyone can verify the drug through an SMS.

  • Combating Counterfeiting in India Under Intellectual Property Laws

    It is evident that counterfeiting of products continues to be a bane to the Indian economy as well as the world-wide image of the country. However, India’s status as a low-cost manufacturing base also opens it up for use by counterfeiters as a prime location for the production of counterfeit goods both for domestic sale and export.

    It is evident that counterfeiting of products continues to be a bane to the Indian economy as well as the world-wide image of the country. However, India’s status as a low-cost manufacturing base also opens it up for use by counterfeiters as a prime location for the production of counterfeit goods both for domestic sale and export.

  • Steps taken to curb Counterfeiting Globally

    Counterfeit problems are becoming borderless. They are not something one country can solve and prevent on its own. To eradicate such illegal acts, the following points are critical in addition to international cooperation:

    Global improvement of the judicial system and its enforcement regarding intellectual property (such as by treaty).

    More desirable conditions to bring in foreign economy and technology by easing licensing regulations and improving investment opportunities.

    Promotion of education and awareness activities regarding enforcement of IP systems.

  • Steps taken to curb Counterfeiting Globally

    Counterfeit problems are becoming borderless. They are not something one country can solve and prevent on its own. To eradicate such illegal acts, the following points are critical in addition to international cooperation:

    Global improvement of the judicial system and its enforcement regarding intellectual property (such as by treaty).

    More desirable conditions to bring in foreign economy and technology by easing licensing regulations and improving investment opportunities.

    Promotion of education and awareness activities regarding enforcement of IP systems.

    Promotion of education and awareness activities regarding enforcement of IP systems.

  • Intellectual Property Laws and Counterfeiting in India

    Counterfeiting today, thus, constitutes a major threat to the Intellectual Property Rights and has become a concern for individuals, companies as well as the State due to losses in revenue by way of taxes on goods. The various statutes governing Intellectual Property Rights recognize such activity as an offence and provide for stringent punishments.

  • Counterfeiting Issues in India

     The disease of counterfeiting in India has extended to fields such as drugs and cosmetics, film and music industry, electronic and computer software, books and so on.

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