A.
Dear Client,
The selling of products deforming its get-up or outlook without permission of the manufacturer may invite the prosecution for violation of the Copy Rights Act or Trade Mark Act, once it is reported to the Manufacturer or a complaint is filed before the Court of Magistrate under Section 190 of the Code of Criminal Procedure to initiate an inquiry under section 156 (3) of Cr. PC. No court below the level of Metropolitan Magistrate or Judicial Magistrate First Class shall try violations of this Act. As violations of the Trademark and Copyright Act are of a significant and serious nature, they cannot be resolved by filing an application under section 320 of the Code of Criminal Procedure. However, under section 482 of the Code of Criminal Procedure, the FIR might be dismissed if the parties to the case have settled.
Posted On 19-Nov-2024
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