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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.

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