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Last Updated on August 17, 2021 by The Health Master
Copyright – An article (Part-2)
The interplay of D&C Act,1940 and Copyright Act, 1957 in the case of ‘Counterfeit / Fake Drugs’.
Offence of fake drug is Cognizable
The offence under the Copyright Act is to be cognizable and non-bailable in nature. In a recent case Piyush Subhashbhai Ranipa Vs. The State of Maharashtra, Hon’ble Bombay High Court, referring judgment of Apex Court, made it clear that the offense under Section 63 read with Section 64 Copyright Act shall be cognizable and non-bailable.
Reason assigns for is that any offense which is not governed by Cr. PC and unless the special law provides that the offense will be bailable and not cognizable, it should be considered as cognizable.
Accordingly, all offenses of copyright shall be considered cognizable. Under D&C Act,1940 Act, offense under section 27(c) relating to a spurious drug is cognizable and non-bailable as such an offense is covered u/s 36AB.
An arrest or register FIR
Now coming to the power of a drug inspector u/s 17B is concerned, the power to arrest indeed exists. However, if the DI wish he can also make the police register FIR under Copyright Act, 1957 and cause the arrest of the culprit so that interstate connection can be busted.
Filing a complaint with the police will not violate the Supreme Court judgment that given the verdict that the police will have no power in the cases covered by the Drugs and Cosmetics Act, 1940. In the instant case since the matter is governed by Copyright Act, the police has a power to arrest the person under Copyright Act, 1957.
Where a complaint can be filed / Jurisdiction
The complaint relating to copyright infringement can be filed at the place where a fake drug is busted. However, there is a provision under section 64 of the Copyright when the owner of the copyright can institute civil proceedings at the place where such owner resides.
He need not go to the place of the Accused to file a suit/complaint. However, the Civil remedy although available to the owner, benefit of such can also be extended to police complaints as well which shall be in addition to the provisions of CrPC.
The opinion of the author is personal and based upon his understanding.
The author is an Advocate practicing before Supreme Court and Delhi High Court
Email. [email protected]. Web: www.macecorpn.com
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