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ARTICLE · 19 JULY 2022

Trademark Search And Seizure In India - An Analysis

S.S. Rana & Co.
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The 161st Report of the Parliamentary Standing Committee on Review of Intellectual Property Rights regime in India explicitly mentions about the cumbersome procedures encountered in search and seizure...

IndiaIntellectual Property
Vikrant Rana
Vikrant Rana
Priya Adlakha
Priya Adlakha
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The 161st Report of the Parliamentary Standing Committee on Review of Intellectual Property Rights regime in India explicitly mentions about the cumbersome procedures encountered in search and seizure process in trademark infringement proceedings under Section 115(4) of the Trade Marks Act of 1999 (hereinafter referred to as the Act for the sake of brevity).

Legal provision under Section 115 (4) of Trade Marks Act, 1999

Section 115 of the Act provides for cognizance of offences and the powers of the police officer for search and seizure. The relevant extract of Section 115(4) of the Act which been stated to make the procedure of search and seizure in trademark infringement cases cumbersome is reproduced herein below:

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