The Chinese authorities have been taking stringent measures to curb the Intellectual property theft. In one such instant, the Shanghai No.3 Intermediate People’s Court sentenced nine people to jail for up to six years for violating copyright of the Danish toy company LEGO along with a hefty fine.

The offending company had adopted a different Trademark LEPIN while retaining the similarity in artistic get-up, design and packing. Such ‘copycats’ undermine the goodwill built by the companies in a competitive world. Even with a different trademark, the deceptive similarity in the packing is bound to confuse the customers, allowing offenders to profit off the goodwill and reputation of another company.

Section 63 of the Copyright Act, 1957 implemented in India provides for an imprisonment which may extend to one year, or with fine, or with both for offense of infringement of copyright. In a civil suit a permanent injunction is commonly granted which is hardly a deterrent to such offenders. Perhaps, India should consider creating a more favorable business environment for foreign brands and provide safety which is very important for continued development of the local and international companies. Such violations unchecked can be extremely dangerous to the economy.


The copyright in the contents of this article exclusively belong to the author of this article. This is an initiative by Aarde Law Chambers to increase awareness about the Intellectual Property Laws in India. The viewers are free to share the article with due attribution and backlink to the source. Reproduction, modification and communication in physical and electronic medium without attribution and backlink is liable for appropriate legal consequences. 

en_GBEnglish (UK)