# Selling fake brands? That is a crime.

> Selling goods with a counterfeit trade mark is an offence under section 486 PPC: up to 1 year, or fine, or both, unless the seller proves he acted innocently. Counterfeiting the mark itself is up to 2 years (s.483), and the Trade Marks Ordinance, 2001 adds its own penalties.

- Topic: Criminal law
- For: Citizens
- A 13-slide carousel: https://failegal.site/media/selling-fake-brands-that-is-a-crime
- Published by FAI Legal on 2026-11-06

## Myth or fact?

What people often think.

- **Myth: Copies are sold everywhere. Only the factory is at fault.**
- **Fact: Selling goods with a counterfeit trade mark is a crime too: up to 1 year (PPC s.486), unless the seller proves he acted innocently.**

## The law.

Section 486, PPC.

> "Whoever sells, or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods or thing with a counterfeit trade mark or property mark affixed to or impressed upon the same ... shall, unless he proves ... be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both." (Pakistan Penal Code, 1860 · Section 486)

## Three crimes.

Sections 482, 483, 486, PPC.

- **s.482 Using** A false trade mark. Up to 1 year.
- **s.483 Copying** Counterfeiting another's mark. Up to 2 years.
- **s.486 Selling** Goods with a counterfeit mark. Up to 1 year.

## The seller's way out.

Section 486, clauses (a) to (c).

- **Precautions** He took reasonable care and had no reason to doubt the mark.
- **The supplier** When asked, he told all he knew about who supplied it.
- **Or** He otherwise acted innocently.

## Quick quiz. The shop.

Guess first, then swipe for the answer.

- **A. Yes, always**
- **B. He can prove the defence**
- **C. Only the buyer is at fault**

## Answer: B. The burden is his.

Section 486, PPC.

- **The rule** Selling a fake is an offence unless he proves the defence.
- **His proof** Care taken, no reason to suspect, the supplier named.

## The newer law.

Sections 99, 100, Trade Marks Ordinance, 2001.

- **False description** 3 months to 2 years, or a fine of at least Rs.50,000, or both.
- **False origin** A false country or maker on goods: same penalty.
- **Again** 6 months to 3 years, or at least Rs.100,000 (s.100).

## How it runs.

Schedule II, CrPC, section 486.

- **Arrest** Police shall not arrest without a warrant.
- **Bail** Bailable.
- **Settling** Compoundable with the court's permission.

## Why the law cares.

Supreme Court, 20 Jan 2015 (Farooq Ghee Mills v. Registrar of Trade Marks).

- **Who it protects** Buyers, and the honest traders behind a mark.
- **The words** "robbing someone of his hard earned goodwill"

## Before you buy.

Three habits that catch most fakes.

- **The price** Far below the market is a warning.
- **The pack** Spelling, print and seals.
- **The bill** Ask for one with the seller's name.

## Not sure?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

- **A shop sold me a fake branded phone charger. What can I do?**
- **What is the punishment under section 486 PPC?**

## Sources

- Pakistan Penal Code, 1860 · Section 486: Selling goods marked with a counterfeit trade mark

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