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... and by violating proprietary rights of the complainant in respect of the artistic work relating to the word 'Singh' and the packaging, colour scheme, get up, layout arrangement of artistic feature in which the product of the complainant is sold, the accused are also appeared to have committed offences under Section 51(1)(b) read with Section 63 of the Copyright Act, 1957.
As the accused had been cheating gullible public by passing their counterfeit goods as that of the complainant in the market to the wrongful loss of the complainant and wrongful gain to themselves they are appeared to have committed offences under Section 420, 481, 483, 486 of IPC.
In fact, Section 51 of the Copyright Act, 1957 prescribes speaks of 'Infringement of Copyright', Section 63A of the Copyright Act provides for an offence of infringement of Copyright or other rights conferred by the Act. It cannot be forgotten that the criminal proceedings are based on 'Public Policy'. At the risk of repetition, at this stage, this Court relevantly points out that in Crl.O.P.No.25539 of 2011 and Crl.O.P.No.25535 of 2011 dated 03.07.2011 had directed the trial Court to proceed further in respect of offence under Section 51(b) r/w.63 of the Copyright Act, 1957 and Sections 420, 481, 483 & 486 of IPC.