The falsification of a Trademark is an offence the Court may impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees under Section 103 of Trade Marks Act, 1999. Whoever having already been convicted of an offence under Section 103 or 104 is again convicted of any such offence shall be punishable for the second offence with imprisonment for a term which shall not be less than one year but which may extend to 3 years & with fine of 2 lakh rupees. One can also obtain orders for search and seizure under the Trademarks Act.
There is no criminal relief for infringement of Patent and Design under the Patents Act, 1970 and the Designs Act, 2000. |