31/05/2022
Late in the day, but a welcome decision by Supreme Court of India, which shall go a long way in creating deterrence against counterfeit trade in India and is a shot in the arm for IP and Brand Protection.
Finally, in the case of Knit Pro International Versus State of NCT of Delhi, the Supreme Court has put to rest, the confusion from contradictory judgements by different High Courts and the Supreme Court has held, that offence under Section 63 Copyright Act is cognizable and nonbailable, and would fall under Part 2 of Schedule 1 of the CrPc and not in Part 1 of Schedule 1 of the CrPc.
Interpretation at times leads to contradictory conclusions by different courts of law, which in turn leads to confusion, as was the case with Section 63 Copyright Act. There was different approach by police forces in different states in India. For now, different High Courts and different points of view, lay to rest now with this judgment by Supreme Court of India.
Reflection: People are full of contradictions and so are courts and law, at times.
