Selling goods marked with a counterfeit property mark
AI Assist
Summary
Selling, exposing, or keeping for sale goods with a counterfeit property mark is an offence punishable with up to one year imprisonment, fine, or both. A person accused can escape punishment if he proves he took all reasonable precautions and had no reason to suspect the mark, or gave the prosecution full information about his source, or otherwise acted innocently.
Example
Priya runs a small shop and unknowingly sells wallets that carry a fake brand mark. If she can show she checked and vetted her suppliers and had no reason to suspect the mark, or she gives the prosecution the supplier details when asked, she will not be punished. If she cannot prove any of these, she could face up to one year jail, a fine, or both.
Bare Act
Enacted textWhoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves:
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(a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and
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(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or
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(c) that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
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