DINESH YADAV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant before this Court is a Storekeeper in a drug company i.e. M/s Saint Michael Biotech, which runs a factory which manufactures pharmaceutical products at Plot No.130, Village Kurdi, Manglore, Jhabrera Road, Roorkee, Haridwar. An FIR was lodged on 08.02.2010 against four persons, including the present applicant with the allegations that the accused persons have knowingly infringed the copyright of a reputed drug manufacturing company called Pfizer. The police investigated the matter and filed the chargesheet against the applicant under Section 63 of the Copyright Act 1957, which reads as under:-

(2.) THE contention of the applicant is that the medicines are being manufactured by them as per law under a licence issued by the Drug Licensing & Controlling Authority, Uttarakhand and no offence is made out against the applicant under the provisions of the Copyright Act, 1957. He further submits that on the mere allegations in the F.I.R., to which he denies, if at all proceeding lies, it lie under the Trade Marks Act. He refers to Section 115 of the Trade Marks Act, which reads as under:-

(3.) FINALLY the learned counsel for the applicant submits that even assuming for the sake of argument that if any offence under the Copyright Act was made out, the applicant is protected under Section 15(2) of the Copyright Act, which reads as under :-