No Copyright In Manufacture & Sale Of Garments: Punjab & Haryana High Court
The Punjab and Haryana High Court quashed a case against a man accused of manufacturing and selling garments under a fake Puma label, ruling that there can be no copyright in the manufacture and sale of garments.
The case stemmed from a 2017 incident in which the accused, was charged under Sections 63 and 65 of the Copyright Act for allegedly infringing the copyright of the Puma brand. The trial court later added charges for trademark infringement under Sections 103 and 104 of the Trade Marks Act.
A Bench of Justice Karamjit Singh examined Section 13 of the Copyright Act, which outlines the types of works eligible for copyright protection. The Court clarified, “As per Section 13 of the Act of 1957, Copyright could subsist with regard to the afore-stated classes of works. There could be thus no Copyright in manufacture and sale of garments. Thus, prima facie, the prosecution has failed to prove infringement of the provisions of Act of 1957, punishable under Sections 63 and 65 of the said Act.”
Advocate Mandeep Singla appeared for the accused, while Additional Advocate General JS Dhaliwal for the Respondent.
The Court also addressed the trademark infringement charges, ruling that the case was improperly investigated. It found “The case was investigated by Inspector Vijay Kumar in violation of the provision of Section 115(4) of the Act of 1999, which provides that in a case relating to infringement of the provisions of Trade Mark Act 1999, the matter is to be investigated by the police officer not below the rank of Deputy Superintendent of Police,"
In light of these procedural lapses, the Court concluded that the prosecution under both the Copyright Act and the Trade Marks Act was not legally valid. The criminal case was therefore quashed.
Cause Title: Arun Kumar v. State of Punjab & Anr., [2024:PHHC:155158]
