Lok Sabha Passes Anti-Counterfeiting Bill Amid Concerns of Over-Reach
ipr clat_pg intermediate news_to_lawYou must've seen the news that Lok Sabha has passed the Trademarks (Amendment) Bill, 2023 (now officially Anti-Counterfeiting (Amendment) Bill) with the aim of strengthening anti-counterfeiting laws in India. While the intention is to curb the menace of counterfeiting, I fear this might just lead to over-reach and infringement of rights under Section 100 of the Trademarks Act, 1999 - Limitation of actions. The provision states that no suit or other legal proceeding shall lie for a trademark infringement claim if the respondent has been continuously using the alleged offending mark for the past 10 years preceding the action. This might lead to situations where genuine small businesses can be targeted under this Act, as large corporations might use it to silence them.
2 Comments
Bhai, I think the Anti-Counterfeiting Bill is a welcome move, but we gotta keep an eye on its implications. Can't have the govt over-stepping its bounds. Need some fine-tuning to prevent harassment of innocent citizens. Also, what's the plan to tackle the root cause - economic distress leading to counterfeiting? Just passing a law won't solve the problem, we need a holistic approach.
"Arre bhai, ye bill to bahut hi acchi baat hai, but agar iska over-reach hoga, toh ye aapke haqon ko affect kar sakta hai. Public aur small businesses ka kaunsa benefit hai isme, ya yeh logon ke liye bhi adhik bhaari hoga, jo kam se kam paayen ke sath jeevit hai. Chahiye kuch specific clauses pass hone chahiye jo isko aaspas lagu kare.