Faridabad/ Alive News: After tireless efforts of IMA headquarters, It has been successful in getting the logo patented. This can be used only by MBBS and above Doctors and will differentiate them from other Doctors like Ayush, Homeopathic and Unani etc. this information, Dr Suresh Arora, the President of Indian Medical Association, Faridabad (IMA) shared with mediapersons here today.
Dr Suresh Arora said if someone else is found to be using this logo, he can be sued in the court, as it will be violation under copyright act.
Dr Arora said the legal status on infringment of patent is as under :
Criminal remedies in India are provided only for Trademarks and copyrights. The section 63 of the Copyright Act, 1957 deals with ‘Offences of Infringement of copyright or other rights conferred by the act’.
It mentions about imprisonment for a term not less than 6 month, which may extend up to 3 years and fine not less than 50,000 rupees which may extend up to 2 lakh rupees, as punishment, if found guilty in a copyright infringement case. This term and fine can be increased according to the provisions of Section 63A of the Copyright Act, 1957.
Chapter XII of the Trademarks Act, 1999 deals with offences, penalties and procedures pertaining to trademark infringement. Here on account of trademark infringement, the punishment can go as high as imprisonment up to 3 years with or without fine. The fine ranges from 50,000 to 2 lakh rupees. This term and fine can be increased as per the provisions of the Section 105 of the Trademarks Act, 1999. Indian Patent Act, 1970 also considers falsification of entries in register, claiming patient right in an unauthorised way etc. to be punishable criminal offences. Such penalties are mentioned under Chapter XX of the Indian Patents Act, 1970.
