What is Section 480 IPC? Using a False Trade Mark
Published on: Lawiz Team
Learn about Section 480 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever marks any movable property or goods or uses any false property mark with intent to cause it to be believed that the property or goods so marked belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 480 punishes anyone who uses a false trade mark with the intention to deceive or cheat.
Purpose
To protect genuine trade marks from being misused and to prevent consumers from being cheated by fake brands.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 3 years, or fine, or both.
Key Elements
1. The trade mark must be false. 2. The accused must use it. 3. The intent must be to deceive or gain unfair advantage.
Punishment Details
Imprisonment of either description for a term which may extend to one year, or a fine, or both.
Illustrative Example
If a person sells a product using a fake brand name like 'Rayban' instead of the genuine 'Ray-Ban', they are punishable under Section 480.
Legal Defenses
If the accused can prove that they were unaware of the falsity of the trade mark, they may be acquitted.
Related Sections
Related to Section 478 (Trade mark - repealed) and Section 482 (Punishment for using false property mark).
Important Note
This section focuses specifically on false trade marks.
FAQs
What does Section 480 IPC define?
Using a false trade mark.
How is 'Using a false trade mark' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 480 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 480?
Examples include real-life cases involving using a false trade mark.
Is Section 480 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 480 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 480 significant?
It holds importance in the framework of criminal law.