CS Professional · Intellectual Property Rights - Law and Practice · Trademarks
Meenakshi Textiles Pvt Ltd, an Indian company, is alleged to have falsely applied a registered trade mark to goods, an offence for which the police wish to act on their own. Under the provisions on search and seizure, which police officer may search and seize the infringing goods and dies without a warrant, and what must be done first?
A police officer not below the rank of deputy superintendent of police may search and seize without warrant, but only after obtaining the Registrar's opinion on the trade mark facts and abiding by it. Lower-ranking officers cannot do so, and owner consent is not the legal requirement.
- AAny police constable, after informing the local magistrate
- BA police officer not below the rank of deputy superintendent of police, after obtaining and abiding by the Registrar's opinion on the trade mark factsCorrect
- CA sub-inspector, after obtaining the written consent of the trade mark owner
- DOnly a Judicial Magistrate, who may order a search through a warrant
Explanation
Section 115(4) allows a police officer not below the rank of deputy superintendent of police (or equivalent) to search and seize without warrant where an offence under section 103, 104 or 105 is suspected. The proviso requires the officer first to obtain the Registrar's opinion on the trade mark facts and abide by it. A constable or sub-inspector lacks the rank, and owner consent is not the condition.
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