Home / India / Intellectual property offences (copyright and trademark)
Intellectual property offences (copyright and trademark)Possibly — unconfirmed
Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Copyright Act § 63 — knowingly infringing or abetting infringement of copyright in a work, or of any other right under the Act (except § 53A)Possibly — unconfirmed
- Imprisonment
- 6 months–3 years
- Fine
- ₹50,000–₹2,00,000
Minimum 6 months; minimum fine ₹50,000.
Trade Marks Act § 103 — falsifying a trademark; falsely applying a trademark; making / disposing of / possessing instruments for falsifying; applying a false trade description; false indication of origin; causing any of these to be donePossibly — unconfirmed
- Imprisonment
- 6 months–3 years
- Fine
- ₹50,000–₹2,00,000
Minimum 6 months; minimum fine ₹50,000; defence: proves acted without intent to defraud.
Note on this entry
Both sections allow the court, for adequate and special reasons recorded in the judgment, to go below the stated minima where the infringement was not for gain in the course of trade or business (Copyright) / for adequate and special reasons (Trade Marks).
Source
Not legal advice. This range is the statutory penalty as written in the law — it is
not “your sentence.” What is NOT accounted for here: Priors, plea, judicial discretion; civil infringement / damages proceedings. If you face a real
charge, consult a licensed lawyer in the relevant jurisdiction.