The selling of fake products is not just done in India but in other countries as well. For the same reason, the governments of every country have made some laws for the protection of customers. There are so many sellers in the market who are doing the malpractice of selling fake products in India. Have you ever wondered if the government of India has made any laws to protect consumers from the fraud of fake products? If yes, then the answer to your question is yes. The government of India has certain sets of rules to protect consumers from fraud in the marketplace. We will discuss it in the article below. Let us take a closer look and find out what are these laws as well as the consequences of breaking those laws in our country.
One important piece of legislation that addresses the sale or possession of items with fake trademarks is subsection 486 within the Indian Penal Code (IPC). By penalizing those engaged in the marketing or sale of counterfeit goods, it aims to protect customers, producers, and companies. In addition to misleading customers, counterfeiting seriously harms companies and sectors of the economy.
The Consumer Protection Act:
Another important piece of law shielding customers against fake goods is the Federal Consumer Protection Act of 2019. By guaranteeing access to safe products and services, this Act seeks to protect the rights and interests of consumers. It gives customers the ability to file complaints against producers or sellers of fake goods, whether they were purchased online or off.
Simply said, counterfeit products, often known as fake goods, are copies or imitations of other things. Due to the large number of vendors selling counterfeit goods in India, the issue of product counterfeiting is currently a major worry for the nation. These products frequently fool the general public by being offered at throwaway costs.
In accordance with the CPA:
- At the regional, state, or federal levels, consumers have the option to register complaints in consumer courts.
- Those who produce, sell, or distribute counterfeit goods face fines and jail time as penalties.
- The central consumer protection agency (CCPA), which the Act permits to be established, has the authority to look into complaints, issue recall orders, give reimbursements, and take action against deceptive advertising.
- Online platforms are now included in the 2019 Act’s purview, making e-commerce businesses accountable for guaranteeing product authenticity and for failing to stop the sale of counterfeit goods.
Other Laws against Fake Products:
India has a robust legal base to fight counterfeit goods. Since India is a signatory to the international agreement known as TRIPS, these regulations must be in effect. Additionally, as a signatory to this agreement, India must have laws prohibiting trademark infringement and copyright theft. Additionally, you should be aware of the following important laws:
- The 1962 Customs Act enables customs officers to seize fake products at the border.
- Fake trademarks are addressed by the Trademark Act of the year 1999.
- Copyright theft is prevented by the Copyright Act of the year 1957.
- The 1940 Drugs & Cosmetics Act forbids the selling of dangerous or counterfeit medications.
- Selling counterfeit goods is one of the offenses punishable by the Indian Penal Code of the year 1860.
