What Is Counterfeiting?
Counterfeiting is the deliberate and unauthorized use of a registered trademark on goods that are identical or deceptively similar to genuine products. Unlike simple infringement, counterfeiting involves outright fakes—replicas intended to deceive consumers into believing they are buying the real product.
In India, counterfeiting is both a civil wrong and a criminal offence, with strong remedies available under the Trade Marks Act, 1999 and other enforcement statutes.
Civil Remedies Against Counterfeiting
Trademark proprietors can approach civil courts for:
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Temporary and Permanent Injunctions to immediately stop sale and distribution.
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Anton Piller Orders (search and seizure orders) allowing court-appointed officials to enter infringers’ premises and seize counterfeit goods.
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John Doe Orders (against unknown defendants) enabling action against counterfeiters whose identities are not yet known.
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Damages or Account of Profits to compensate losses and strip unlawful gains.
Criminal Remedies Against Counterfeiting
The Trade Marks Act, 1999 criminalizes counterfeiting through Sections 102–105. Penalties include:
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Imprisonment: Six months to three years.
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Fines: ₹50,000 to ₹2,00,000.
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Seizure: Police officers (with certain ranks) can seize counterfeit goods without a warrant once the brand owner files a complaint.
These criminal provisions provide brand owners with swift, deterrent remedies.
Preventive Measures
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Market Surveillance: Regular monitoring of markets and online platforms.
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Customs Recordal: Recording trademarks with Indian Customs to block fake imports (explained separately in your knowledgebase).
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Awareness Campaigns: Educating distributors and consumers about spotting counterfeits.
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Collaboration with Law Enforcement: Partnering with police and anti-counterfeiting cells for coordinated raids.
Why Anti-Counterfeiting Action Is Important
Counterfeiting does more than hurt profits:
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It erodes brand reputation.
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It exposes consumers to risks (e.g., fake medicines, automotive parts).
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It damages the economy by fueling black markets and tax evasion.
For these reasons, courts in India treat counterfeiting as a grave threat to both businesses and consumers.
Anti-counterfeiting enforcement in India is robust, blending civil injunctions, criminal penalties, and administrative controls. For trademark owners, the key lies in proactive vigilance and rapid legal action—ensuring that counterfeit networks are disrupted before they cause large-scale harm.
