📌 Introduction

Across industries, a rising concern is the manufacture and sale of duplicate products that copy established brands, packaging, and logos. While such practices may create short-term profits, they fall under intellectual property offences, exposing businesses to both civil and criminal liability.

⚖️ What Constitutes a Brand or Copyright Offence?

1. Trademark Infringement – Unauthorized use of another company’s registered brand name, logo, or design.

2. Copyright Violation – Copying artistic works, labels, product designs, or packaging protected under the Copyright Act, 1957.

3. Passing Off – Selling goods in a way that misleads buyers into believing they belong to a reputed brand, even if the trademark is unregistered.

🚫 Common Examples of Offences

• Garments and accessories sold under copied brand labels.

• Spare parts or machinery packed in duplicate branded boxes.

• Electrical products falsely marked with well-known logos.

• Consumer goods presented with packaging identical to popular brands.

🔍 Legal Provisions

• Copyright Act, 1957 – Copying artistic works (labels, logos, packaging) can lead to up to 3 years’ imprisonment and fines up to ₹2 lakh.

• Trade Marks Act, 1999 – Selling or producing counterfeit goods may attract up to 3 years’ imprisonment and fines up to ₹2 lakh, along with seizure of goods.

• Indian Penal Code (IPC), Section 420 – Cheating consumers by misrepresentation can also invite prosecution.

📉 Risks for Manufacturers & Traders

1. Criminal Cases – FIRs and raids against counterfeit production and sales.

2. Seizure of Goods & Machinery – Courts can order confiscation of stock, labels, and equipment.

3. Civil Damages – Genuine brand owners can sue for monetary damages and permanent injunctions.

4. Loss of Credibility – Counterfeit practices harm long-term business reputation and trust.

✅ Preventive Measures for Businesses

• Register your own brand name and logo under the Trade Marks Act.

• Avoid using marks or packaging that resemble established brands.

• Keep proper records, invoices, and proof of originality in production.

• Verify suppliers of labels and packaging to avoid indirect liability.

📌 Conclusion

Engaging in duplicate manufacturing is not just unethical but also a serious offence with far-reaching legal consequences. The sustainable alternative is to build and protect one’s own brand identity, ensuring long-term business growth and consumer trust.

❓ Frequently Asked Questions (FAQs) on Copyright & Brand Offences

Q1. Is selling duplicate or “first copy” products illegal in India?
👉 Yes. Selling duplicate or first copy goods is considered trademark infringement and passing off under the Trade Marks Act, 1999. It can lead to criminal prosecution, fines, and imprisonment.

Q2. What is the punishment for trademark infringement in India?
👉 Trademark infringement can attract imprisonment of up to 3 years and fines up to ₹2 lakh, along with seizure of goods and injunctions from courts.

Q3. Can a business be sued for using similar packaging without copying the brand name?
👉 Yes. Even if the name is different, using packaging that confuses buyers amounts to “passing off,” which is actionable in court.

Q4. What is the difference between copyright infringement and trademark infringement?
👉 Copyright protects creative works such as logos, labels, and packaging designs. Trademark protects brand names, symbols, and marks used in trade. Copying either can result in legal action.

Q5. Can small manufacturers face action for counterfeit goods?
👉 Yes. Size of the unit does not matter. If duplicate or counterfeit goods are produced or sold, the law applies equally and action can be taken against manufacturers, distributors, and retailers.

Q6. How can businesses protect themselves from brand offence claims?
👉 By registering their own trademarks, avoiding copied designs, maintaining clear invoices, and ensuring all branding is original.

✅ Do’s and ❌ Don’ts in Brand & Copyright Compliance

✅ Do’s:

• Register your brand name, logo, and packaging under trademark law.

• Maintain invoices and documentation proving originality of your products.

• Design your own unique packaging and labels instead of copying others.

• Educate staff and vendors about the risks of counterfeit practices.

• Consult a legal professional before launching branding or packaging that looks similar to an existing product.

❌ Don’ts:

• Don’t copy logos, names, or taglines of established brands.

• Don’t use packaging that could confuse buyers into thinking your product belongs to another company.

• Don’t assume small-scale production of duplicates will escape legal action.

• Don’t rely on suppliers who provide ready-made labels or packaging without proof of originality.

• Don’t ignore legal notices from brand owners — failure to respond can worsen penalties.

📌 Quick Takeaway:
Building your own brand is an investment in long-term growth. Copying another’s brand may bring short-term sales, but it carries long-term legal and financial risks.