Theft of intellectual property cannot be decided by police: HC

Disputes related to theft of intellectual property must be decided first by a competent civil court and not by police through an investigation under Chapter 12 of the Code of Criminal Procedure (Cr.P.C.), the Madras High Court Bench here has observed.

Justice P.N. Prakash made the observation while granting anticipatory bail to an engineering student, R. Manigandan, who claimed to have developed an electric scooter that could reportedly run for 400 km per batter charge at a maximum speed of 75 km per hour.

“In cases involving rival claims for intellectual property, there should first be a decision of a civil court or concerned authority on the ownership of the intellectual property and that cannot be decided by the police in an investigation under the Cr.P.C.

“Where corporeal property is involved, theft of it can be determined prima facie by the police during their investigation. But that cannot be done in respect of intellectual property. Therefore, the parties should have to decide the matter about their rights before the appropriate forum,” the judge said.

The mechanical engineering student of Kalasalingam College of Engineering had courted trouble after he demonstrated the prowess of the vehicle’s prototype at Manamadurai in Sivaganga district on February 18 and claimed that it was he who designed and developed the vehicle.

A few days later P.J. Anoop Nishanth, a Chennai-based automobile designer, lodged a complaint with Sivaganga police, accusing the student of stealing the prototype from him. The complainant claimed that the student had actually worked along with him in developing the vehicle.

Immediately, the District Crime Branch police registered a case against Mr. Manigandan under Sections 406 (criminal breach of trust), 420 (cheating) and 384 (extortion) of the IPC forcing him to approach the High Court for advance bail.

After granting the relief on condition that the petitioner should appear before the police as and when required, the judge said the student could approach the Judicial Magistrate concerned seeking return of prototype seized from him by the police.