Section 478 of the IPC still protects trademarks today.

It was repealed in 1958; trademark protection now comes entirely from the Trade Marks Act, 1999.

Indian Penal Code, 1860

Section 478

repealed

Trade Mark.

Repealed by the Trade and Merchandise Marks Act, 1958 (43 of 1958), S. 135 and Sch.§

Why this exists

When the IPC was originally written in 1860, trademark protection was bundled into the criminal code alongside forgery and property marks. As commerce grew more complex, Parliament decided trademarks needed their own dedicated law, so in 1958 this section (and the related one on using a false trade mark) was removed from the IPC and trademark law was consolidated into a separate statute -- eventually the Trade Marks Act, 1999, which remains in force today. The IPC was repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023, which now governs these offences.

Common misconceptions

Myth: Section 478 of the IPC still protects trademarks today.
Fact: It was repealed in 1958; trademark protection now comes entirely from the Trade Marks Act, 1999.