A person cannot be prosecuted for the offence of infringement under Section 63 of the Copyright Act of 1957 for being in possession of duplicate Reebok and Adidas bags, caps and belts since the legal provision will not apply in such cases, the Madras High Court has held.
Justice Sunder Mohan also agreed with advocate I. Abdul Basith that the offence of cheating under Section 420 of the Indian Penal Code too could not be pressed against a person for mere possession of spurious goods unless it was proved that he used them to deceive someone.
The judge quashed a chargesheet filed by the Central Crime Branch police in Chennai against Chain Singh and Sujan Singh under Section 63 of the Copyright Act as well as Section 420 of the IPC for being in possession of apparels containing unauthorised use of popular brand names.
He pointed out that Section 63 of the 1957 Act would apply only with respect to infringement of copyright in original literary work, dramatic, musical and artistic work and cinematographic films and sound recording and not in cases such as the present one related to use of brand names.
Holding that Section 420 of IPC could also not be pressed against the petitioners, the judge said: “Possession of spurious goods is certainly not a legal act. However, in the absence of the ingredients to constitute the offence of cheating, one cannot be prosecuted merely because he was in possession of spurious goods.”
