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IPR Training with National Academy of Customs, Indirect Taxes and Narcotics (NACIN), Mumbai on 23rd October, 2017

United IPR Training in Mumbai

United IPR organized a hugely successful training session on behalf of right-holders as a part of its commitment towards capacity building measures aimed at fostering the objective of anti-counterfeiting

Introduction

In the wake of the ever-increasing international trade, Customs has broader accountability towards border control and IP protections, since there cannot be an any better solution for IP protection than seizing counterfeit goods at the border itself.

After conducting IPR training at various ports across India, United IPR organized a training session at the National Academy of Customs, Indirect Taxes and Narcotics (NACIN), Mumbai which consisted of lectures on IPR laws & the role of Customs in IPR enforcement & product identification techniques of various brands with the probationary officers of the Indian Revenue Services (IRS), who would assume crucial roles and responsibilities at various Commissionerates and will be at the forefront in border protection measures.

Objectives

  • Streamlining the IPR enforcement mechanism in the country;
  • Stimulating increase in the number of interdictions on account of IPR violations in the country;
  • Equip the upcoming officers with the relevant contact points in case of seizures or queries about IPR Enforcement;
  • Share crucial identification tips with the officers and develop intelligence against fakes based on the inputs shared by the right-holders;

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Prominent Attendees

The training was held at NACIN, Mumbai on 23rd October 2017 which was presided over by the Mr. Girish Tilwe, Assistant Director – NACIN (Mumbai) and attended by approximately 40 probationary officers from the Indian Revenue Services (IRS). The participating right-holders included L’Oreal, Procter & Gamble, Apple, Nike, Coty, Nivea, Audemars Piguet, Bvlgari & Vans.

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Outcome

Thereby, such enforcement training lead to increased awareness about IP rights amongst officials of enforcement agencies, which also includes customs, which in turn assists them in handling cases relating to IPRs in their day-to-day functioning.

IPR Training with Bengaluru Customs on 27th September 2017

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A report suggests that governments globally lose about USD 1 billion each year due to the influx of counterfeits in the markets out of which roughly 1/5th constitutes of Cosmetics, Pharmaceuticals and Packaged Food bought by the unwary consumers.* It goes without saying that such fake and spurious goods pose a serious threat to health and safety of millions. Rapid advancement in technology and liberalization of the Indian economy have created an ideal
market for the miscreants to misuse the existing brand values that have been cultivated and nurtured over the time. The swelling of counterfeit and pirated goods is a universal problem that requires vigorous collaboration between the Customs and right-holders. A well-organized and effectively enforced Intellectual Property infrastructure is essential to ensure the continuous stimulation of investment in innovation.

The right-holders are experiencing an ever growing increase in the inflow of counterfeits through the Indian borders which have created the need for conducting terminal training on detection and assessment of counterfeit/infringing goods. The most recent training was organized for Customs authorities in Bengaluru on 27th September 2017 which was presided over by the Learner Additional Commissioner of Customs Mr D. Anil and attended by approximately 30 Custom Officials including Appraisers, Superintendents, Examiners, Inspectors and other officers from the Air Cargo and Inland Container Depot, Bengaluru. While all the attending Officers shared an emphatic written feedback on the conclusion of the training, the learned Additional Commissioner shared his views on the overgrowing importance of IP enforcement via Customs and how adequate steps are required to prevent imports of any suspicious IPR infringing consignments. He also delved on the importance of the initiative taken by the right-holders to enhance the capacity of the customs officers in curtailing the penetration of fakes through the Indian territorial borders.

Amongst the participating right-holders, there were popular brands like Apple, Nike, Coty, Procter & Gamble, Nivea, LVMH Watches (Tag Heuer, Hublot and Zenith), GHD (Good Hair Day), L’Oreal brands (L’Oreal, Garnier, Maybelline and Matrix), Limited Brands (Victoria’s Secret, La Senza, Pink, Henri Bendel and Bath & Body Works), Audemars Piguet, Burberry, Polo Ralph Lauren, G-Star and Tom Ford.

The training aimed to streamline the IPR enforcement proceedings, increase the number of interdiction on account of IPR violations, equip the customs officers with the relevant contact points, identification tips and develop an intelligence against fakes based on the inputs shared by the right-holders.

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Legal Requirements to keep a registered patent alive in India

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A patent grant gives a patentee the exclusive right to make or use the patented article or the patented process. A patentee can prevent all others from making or using the patented article/process until the patent expires i.e. for 20 years from the date of filing in India. The patentee also has the right to assign the patent, grant licenses under, or otherwise deal with it for any consideration.

Implications of the AstraZeneca V Apotex decision rejecting “Promising Utility” doctrine in Patent Jurisprudence

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Over the past years, the “Promise Doctrine” as applied in Canada has attracted attention worldwide, mainly due to the criticism it has received accusing it of hardening the task of inventors to obtain patent registrations for their inventions in Canada.

The promise doctrine is applied as an essential precondition requirement required to be fulfilled along with other standard requirements for patentability in order to obtain a patent registration in Canada.

NOKIA & XIAOMI: Sign Landmark Patent Licensing Agreement

Nokia Xiomi Agreement

The first week of July 2017 comes up with a paradigm in patent licensing when two global cellular technology leaders, Telecoms network equipment maker Nokia and Chinese smartphone maker Xiaomi announced business collaboration and a multi-year patent agreement, including a cross-license to each company’s cellular standard-essential patents.

Taj Mahal Palace – A benchmark in Image Trademark in India

Taj Mahal Hotel Trademarked

Recently the iconic Taj Mahal Palace hotel in Mumbai has acquired an ‘Image Trademark’ under the Trade Mark Act 1999 for its architectural design. This is the first ever building in the country which got an intellectual property rights protection under the Image trademark. The move was motivated to protect the distinctiveness of the building’s legendary image & structure.

Companies can now “Apply” to register their Brand as “Well-known Trademark”

The new Trademark Rules have come into force on 6th March 2017¬ owing to the exponentially increasing number of trademark applications in the country. One of the most notable, as well as exceptionally priced amendments, is enumerated under Rule 124 of these new rules that have completely transmuted the procedure for the registration of a Well-Known Trademark.

ANNUAL REPORT 2015-16: GROWTH OF PATENTS IN INDIA

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The pro-active approach of the Indian Patent Office has been commendable as per the Annual Report 2015-16. Indian Patent Office strengthened the culture of transparency, accountability and efficiency in its management which is evident from the increased Patent Applications filling by about 10 per cent to 48,904 in 2015-16 as against 43,000 in the previous fiscal year. As per the report, the filing of patents, design and trademark applications recorded a double-digit growth in percentage terms in 2015-16. These figures reflect a new found interest in the general public towards protection of their IP and direct us towards a future of innovation, development of knowledge-based industries and favourable environment for technology transfer.

IMPORTANCE OF DESKTOP INVESTIGATION IN ONLINE IPR ENFORCEMENT

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In an effort to combat global counterfeiting of branded products on online platforms, an effective Online IPR Enforcement is the requirement of time. Online IPR Enforcement can be explained as the process wherein legal action is initiated against online platforms such as stand-alone websites, marketplace websites and social media websites who are indulged in selling and promoting counterfeit goods of well-known brands.

3D PRINTING: IS COPYRIGHT LAW READY?

3D Printer

3D printing concept is the biggest and the most technologically advanced development made in the present century. Today, we cannot say that the 3D printing technology is new to us but its real life applicability is unimaginable with far reaching implication. Technology is best if regulated by law because it may be both a bane and a boon for the society.