Author - Jain and Partners
The act whereby the infringer imitates a well-known brand or trademark in order to freely ride upon the good-will of that brand/trademark is counterfeiting, which has become a serious global issue nowadays. It has widely and deeply penetrated the global market in a negative way due to which genuine brands have been severely affected in the form of trademark, patent, copyright etc counterfeiting and piracy include infringement of IPRs (Intellectual Property Rights). Streets of every country are populated with counterfeit products like clothes, accessories, footwear, cosmetics, etc. The measures against counterfeiting can be obtained through Civil remedies or Criminal remedies. The Trademark Act, 1999 and The Copyright Act 1957 provide for both, civil as well as criminal remedies. On the other hand, Designs Act and Patents Act only provide for civil remedies.
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