Criminal Cases for Trademark and Copyright

Trademark- In the case of Sanyo electric Co Vs State of Delhi an order passed by magistrate regarding issue of search warrant related to trademark Infringement was challenged, alleging that order passed by the magistrate violates the requirement of Section 115(4) of the Trademark Act. The Delhi High court decided that a search warrant issued by the court under Section 93 of the Code can be executed without the requirement stipulated in the proviso to Section 115(4) of the Trademark Act. The court may or may not seek the opinion of the registrar depending on the factual matrix of a particular case.

Copyright –The infringement of Copyright was decided as a Cognizable offense in the case of State Govt. of NCT of Delhi vs. Naresh Kumar Garg. The court, in this case, cited a Judgment of the Gauhati High Court in Jitendra Prasad Singh v. State of Assam where the offense under Section 63 of the Act was held to be cognizable and non-bailable. The court was of the view that it would be fruitful to refer to the provision of Section 64 of the Act, which empowers a police officer not below the rank of Sub-Inspector to seize the infringing copies of any work.