Understanding the Thin Line between "Act of Infringement" and "Infringing Act" in CPC
cpc clat_pg beginner doubtYaar samajh nahi aaya, please help. In CPC, Chapter IX deals with infringement of trademarks, service marks, and geographical indications. While reading the provisions, I got stuck between two concepts - "act of infringement" and "infringing act". The definitions seem to be similar, but I just can't grasp the difference.
As per Sec 29(2), "act of infringement" includes any "infringing act" mentioned in sec 29(1), but what exactly is an "infringing act"? Sec 29(1) lists out various acts such as using a mark identical with or similar to a registered trademark, or any act which causes a likelihood of confusion. Now, if all these acts are already included in "infringing act", then what's the additional scope of "act of infringement"?
1 comments
1 Comments
Sign in to join the discussion.
Yaro, don't worry, it's a common confusion! Think of it like this: "Act of Infringement" is the action itself, whereas "Infringing Act" is the specific law that's being violated. For example, a court order to stop piracy is a "Act of Infringement", but it's actually the section 63 of CPC that's being infringed upon. Keep studying, it'll become clear!