Recently, while quashing a case against an accused engaged in manufacturing and sale of garments under a fake Puma label, the Punjab and Haryana High Court ruled that there can be no copyright in the manufacturing and sale of garments.
The accused was charged under Sections 63 and 65 of the Copyright Act, 1957, for allegedly infringing the copyright of Puma. Later, the trial court framed additional charges under Sections 103 and 104 of the Trade Marks Act, 1999. The court, while examining Section 13 of the Copyright Act, clarified that ‘manufacture of sale of garments’ does not fall under the purview of Section 13. The court opined that simply making and selling garments does not come under the categories mentioned under Section 13 of the Copyright Act unless the garments include original artistic elements, in which case they may qualify for copyright protection.
The court also found that the investigation done in the case was in violation of Section 115 (4) of the Trade Marks Act, as it ought to be conducted by a police officer of a rank not below that of a Deputy Superintendent of Police. The investigating officer is bound to seek the opinion of the Registrar of Trade Marks before carrying out the investigation.
In light of the above, the court quashed the proceedings and ruled that the prosecution under both the Copyright Act and the Trade Marks Act is invalid.
Cause Title: Arun Kumar v. State of Punjab & Anr. [2024:PHHC:155158] Click here to read the judgement copy
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