PIL seeks prevention of legal action against auto-parts

Gujarat High Court today sent notices to the state Home Department, Director General of Police, and a private firm in connection with a PIL which sought prevention of any legal action against auto-parts vendors over trade mark law violation.
The two-judge bench comprising Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala acted upon the plea which demanded prevention of arrest of vendors who deal in automobile spare parts.
Apart from the state Home Department and DGP, notices have also been issued to city Police Commissioner and a private company IPR Vigilance (India) Limited.
"Auto-parts vendors are victimised by multinational companies through a private company IPR Vigilance (India) Limited, which has started misusing the provisions of Copyright and Trade Mark Act against them," the PIL said.

The plea filed by a city-based trader Anil Sanghvi said that selling of auto spare parts of cars like Hyundai, Tata, Honda or Maruti etc is legally permissible business done by small vendors whose livelihood depends on it.
"Some multinationals are entering into agreement with an Indian company which has employed persons, who without following the laws of Trade Mark or Copyright, in connivance with the police of concerned area, carried out search, and arrest those small vendors," the petition alleged.

The petition further alleged that the police was arresting vendors in connivance with private companies who have no authority to even lodge complaints against any citizen of India who has been doing the business of selling automobile spare parts.

It further submitted that these vendors have to undergo long procedures to clear criminal charges on them and have to approach the High Court for quashing of the illegal complaint.
The plea also stated that it was permissible for vendors to do business in selling second-hand cars as in a country like India, pre-owned cars have become very popular for those who cannot afford to buy a new one.
Referring to an order of the Supreme court, the plea said, "Auto parts vendors cannot be arrested without obtaining opinion from the Registrar under the Trade Marks Act and without conducting any inquiry about infringement of Copyright."

The petitioner pryaed to prevent the arrest of the auto-parts vendors and sought the direction of the High Court to restrain IPR Vigilance India Limited from filing complaints agianst them.
The court posted the matter for further hearing to May 8.