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Offences – Manufacture of fake garments using Puma label – Copyright Act & Trademarks Act.

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Complaint was made to the Police that the Petitioner is manufacturing caperies and pajams under fake label of Puma and sell them at higher price. The Police seized the said articles from the factory of the petitioner.

On completion of the investigation, the charges for the offences under Sections 63 and 65 of the Copyright Act, 1957 were framed.   Additional charges for offences under sections 103 and 104 of the Trademarks Act, 1999, during trial, were framed.

HELD that Section 13 of 1957 Act, copyright could subsist in respect of classes of works mentioned therein.   However, there could be no copyright in manufacture and sale of garments.   The prosecution has failed to prove infringement punishable under Sections 63 and 65 of the CR Act.

Section 115 of the Trademarks Act was not complied with since the offence was not investigated by the Police Officer not below the rank of Deputy Superintendent of Police and no opinion of the Registrar was obtained before effecting search and seizure.

The petition was allowed and the prosecution was quashed.

Order dated 25.11.2024 of the High Court of Punjab and Haryana in CRM-M_54104-2023 of Arun Kumar Vs. State of Punjab and another

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