Criminal Liability For Infringement Of Copyright And Trademark In India Vis-À-Vis South Korea

Urvi Shrivastava, Assistant Professor, HNLU, Raipur, CG Varun Sharma, Assistant Professor, Amity Law School, AUC, Raipur, CG

ABSTRACT

Criminal enforcement for intellectual property violations has become prevalent in recent times due to multiple reasons. The paper describes the importance of penal enforcement and details the infringement and criminal liability provisions of trademark and copyright violations in India and South Korea. The paper collects data from various reputed sources and points out the similarities and differences between the said laws in both countries. The paper further takes the help of relevant case laws to bring out substantial judgments on the issue. The paper also explains the nature of criminal liabilities in both nations. Lastly, the paper renders a normative contribution by suggesting a more stringent criminal sanction under India’s Intellectual Property regime.