Trademark infringement: Any person who is not the authorized owner of any registered trademark uses that trademark or a mark with similar or identical properties.

SHUBHAM

Section 29 of Trademark Act 1999, states that any person who is not the authorized owner of any registered trademark uses that trademark  or a mark with similar or identical properties without any permission in course of his trade it will turn out to be infringement of Trademark. Upon Infringement of a Trade mark there is a two type of remedies available Civil as well as Criminal. In case of trademark infringement court may award the following remedies

·       Temporary Injunction

·       Permanent injunction

·       Damages

·       Account of Profits

·       Destruction of goods using the infringing mark

·       Cost of legal proceedings

In case of a criminal proceeding the offence  is a cognizable offence and court may order arrest without warrant and the offence is punishable for

Imprisonment of a period not less than six months that may extend to three years.

Fine of Rs 50,000 which may extend upto 2 lakh.

Copyright infringement

As per the  Copyright Act, 1957 the use of a copyrighted work without the permission of the owner may result as a Copyright infringement. When a third person uses the uses or copies the work intentionally or unintentionally without giving the credit for his own benefits it is called copyright infringement.

·       Imprisonment for a period not less than six months that may extend to three years

·       Fine of Rs 50,000 which may extend upto 2 lakhs

Design infringement

If a unauthorized  user uses any registered design or any design similar to it for the purpose of sale, manufacture or any other commercial purpose such activity may be called as infringement of Patent design. As per section 22(2) of Design Act 2000, infringer shall be liable to pay the  amount not more than 25,000 for every breach and the total sum should not exceed upto Rs. 50,000/-.