IPC Section 478 originally related to “Trade Mark” under the Indian Penal Code, 1860. However, this section is no longer in force. It was repealed by the Trade and Merchandise Marks Act, 1958 with effect from 25 November 1959. Today, trademark-related offences and legal protection are governed under trademark laws, not IPC Section 478.
Detailed Explanation
IPC Section 478 was part of Chapter XVIII of the Indian Penal Code, 1860, which dealt with offences relating to documents and property marks.
The section was titled:
“Trade Mark”
However, Section 478 itself does not create any present-day criminal offence because it was removed from the IPC decades ago through legal reform.
The purpose behind repeal was to move trademark-related legal protection into a dedicated intellectual property framework instead of keeping it inside general criminal law.
Today, if a dispute involves:
- Trademark infringement
- Fake branding
- Counterfeit goods
- Unauthorized use of brand identity
the matter is generally handled under trademark legislation and related legal provisions instead of IPC Section 478.
Why was IPC Section 478 removed?
Over time, India introduced specialised laws for commercial and intellectual property disputes.
As a result, the old IPC provision became unnecessary and was formally repealed.
People often search for IPC Section 478 expecting punishment details, but there is currently no punishment under this section because it no longer operates in Indian criminal law.
Example for understanding
Suppose a business illegally uses another company’s registered brand name or logo on products.
Today, such a matter would not be filed under IPC Section 478. Instead, authorities and courts would examine applicable trademark laws and other relevant legal provisions.
| Point | Explanation |
|---|---|
| Section | IPC Section 478 |
| Original Subject | Trade Mark |
| Current Status | Repealed |
| Repeal Law | Trade and Merchandise Marks Act, 1958 |
| Effective Date of Repeal | 25 November 1959 |
| Present Position | Trademark matters governed by specialised laws |
Key Points / Important Facts
- IPC Section 478 is not an active criminal provision.
- The section originally related to trade marks.
- It was repealed in 1959.
- No punishment currently exists under IPC Section 478.
- Trademark disputes are handled under separate intellectual property laws.
- Searching old IPC sections may lead to outdated legal information, so current law should always be checked.
Legal Provision or Section
Act Name: Indian Penal Code, 1860
Section: IPC Section 478 – Trade Mark
Current Legal Status: Repealed.
Section 478 was removed by the Trade and Merchandise Marks Act, 1958 and ceased to operate from 25 November 1959.
India has also replaced the Indian Penal Code, 1860 with the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024 for criminal law administration. Since IPC Section 478 had already been repealed long before this transition, it does not continue under BNS.
Conclusion
IPC Section 478 is a repealed provision of the Indian Penal Code that earlier dealt with trade marks. It does not create any offence or punishment today. Anyone looking for legal remedies in trademark matters should refer to the current trademark and intellectual property laws instead of IPC Section 478.
Sources & References
- India Code
- Legislative Department, Government of India
- Ministry of Commerce and Industry, Government of India
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Prabh Kalsi is the founder and publisher of Law Act. He manages the website’s content research, organization, editing, and publishing. Law Act’s legal content is developed using publicly available legislation, government resources, official publications, and other authoritative sources. The website provides general legal information for educational and informational purposes and does not provide personalized legal advice.