Is selling first copy legal in india ?

Question

Is selling first copy legal in india ?

14-Jun-2024 (In Trademark & Copyright Law)

Hi all, I have a dealer who sells first copy products can we sell first copy products online, I don't want to do a fraudulent I will write that this is the first copy of the product Buy only if interested Thanks

Answers (4)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2024-06-14T18:05:06+05:30

Selling "first copy" or counterfeit products is not legal in India. These products are unauthorized copies of branded items and violate trademark and copyright laws. Selling them is considered trademark infringement, which is a criminal offense under Indian law. It can lead to legal action, including fines and imprisonment, as it involves misleading consumers and harming the reputation and rights of the original brand owners.

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Advocate Amarendra Sinha LawRato · Accepted Answer · 2024-06-14T18:05:06+05:30

Answer #2

Selling, dealing, manufacturing, or keeping on display for sale and packaging, trade dress or product infringing the Trade mark of any Proprietor is an offence and you can be sued by the proprietor of the registered TM. Any reproduction or second copy sale is legal only with due permission of the TM Proprietor.

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Adv. Amarendra Sinha Adv. Amarendra Sinha

Mumbai | 25+ Answers

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Advocate M A Khan LawRato · Accepted Answer · 2024-06-14T18:05:06+05:30

Answer #3

hi, Selling copy of branded items is illegal in india and can be penalized with heavy compensations olso. it is advisable not to do it online. whereas rights can be taken from the concerned brand to sell. For more details contact us.

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Adv. M A Khan Adv. M A Khan

Navi Mumbai | 25+ Answers

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LawRato LawRato · Accepted Answer · 2024-06-14T18:05:06+05:30

Answer #4

(assuming you are in India and asking from a Indian legal standpoint) There is no legal way to sell a first copy. Any kind of copy being sold either online or offline is not legal. Mostly, design of the product, logo, bran name, etc. are trademark protected. In case you are talking about selling defective products, it has different rules & regulations.

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