The Central Government through an Ordinance, to be specific the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, published in the Gazette of India dated April 4th, 2021 (the “ordinance”) has nullified the Intellectual Property Appellate Board (IPAB) which was set up in 2003 under Trade Marks Act, 1999 and was exercising original and…

Trademark infringement by means of counterfeiting is a crime while ordinary infringement of a trademark is a statutory civil wrong. Criminal counterfeiting inevitably constitutes a civil infringement of the registered trademark. Now talking about counterfeiting, it is nothing but the prosecution having the ability to prove that the goods are not genuine, meaning that they…

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