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Lecture on enforcement of IPR laws by Mr. Gaurav Gogia, October 11th, 2019

Mr. Gaurav Gogia, Senior Associate at United IPR, delivered a lecture on enforcement of IPR laws by Indian Customs along-with brand identification presentations on behalf of various cosmetics brands to train the Customs Officers at the Port of Nhava Sheva Customs on October 11, 2019 at Hotel Tunga in Vashi, Navi Mumbai, Maharashtra.

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Lecture on practical aspects of the Enforcement Action by Mr. Sudarshan Kumar Bansal, October 31st, 2019

Mr. Sudarshan Kumar Bansal, Advocate, Senior Partner at United IPR, delivered a lecture on practical aspects of the Enforcement Action by the Customs against Counterfeits during the training on IPR Laws with Nhava Sheva Customs on October 11, 2019 at Hotel Tunga in Vashi, Navi Mumbai, Maharashtra. The lecture also focused on the challenges faced by the Customs Authorities and their viable solutions.

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United IPR organized a training with Nhava Sheva Customs at Hotel Tunga in Vashi, Navi Mumbai, Maharashtra, October 11th, 2019

As a part of the regular training with enforcement authorities and with an endeavor to provide a
single platform for interaction between the right-holders and Indian Customs, United IPR organized
a training with Nhava Sheva Customs on October 11, 2019 at Hotel Tunga in Vashi, Navi Mumbai,
Maharashtra. The officers who attended the training included Deputy Commissioners,
Superintendents and Appraisers from various Groups and field formations at the Jawaharlal Nehru
Custom House, Nhava Sheva.
The Hon’ble Commissioner of Customs Mr. R.K. Mishra, who is spearheading the charge of IPR
enforcement at India’s largest Port set the training in motion with his in-depth knowledge,
insight on the subject and crucial remarks on the obligations on the part of the right-holders while
conducting IPR enforcement.
The Hon’ble Commissioner emphasized that is the responsibility of the right-holders to come
forward and assert their rights with Customs, and such responsibility includes not only recording
their rights, but also complying with the various timelines prescribed under the law, particularly with
respect to the submission of Surety Bond and Bank Guarantee. It was made clear by the Hon’ble
Commissioner that no leeway will be offered to any entity who does not strictly abide by the
statutory timelines. In order to avoid delays on the part of the right-holders in the submission of
consignment specific Bank Guarantees, the Hon’ble Commissioner encouraged the right-holders to
avail the option of executing a centralized Bank Guarantee of a lumpsum amount from which the
necessary security amount can be deducted every time there is a seizure.
The Hon’ble Commissioner was further of the view that in almost all the cases booked by Indian
Customs for IPR violation, the authorities have conducted enforcement on suo moto basis.
Consequently, he expressed his disappointment to the extent that the right-holders have not shared any
specific intelligence that would enable the intelligence agencies of Indian Customs to intercept a
consignment containing counterfeit goods. He reiterated that the industry must step forward to
share information and actionable intelligence that can result in an increase in the number of
interdictions on account of IPR violations.
The Hon’ble Commissioner simultaneously addressed Custom Officers on the importance of IPR
enforcement and of India’s obligation under the international agreements and treaties. He firmly
directed the participating Officers to carefully study the relevant provisions pertaining to
enforcement of IP Rights by Indian Customs, with a focus on Notification No. 47 of 2007 dated
May 08, 2007 and Circular No. 41 of 2007 dated October 29, 2007.
The Hon’ble Commissioner concluded by stating that Indian Customs stand dedicated to protecting
and enforcing Intellectual Property Rights, provided that the right-holders are vigilant and complaint.
In his concluding remarks, he also expressed his desire to make Nhava Sheva a state-of-the-art port
that will set a benchmark for other ports in India.
United IPR commented on behalf of the industry and indicated that the right-holders are committed
to adopt and follow the best practices on IPR enforcement. It was further indicated that the right- holders participating in the training have a zero-tolerance approach against the import of counterfeits
into the country. With an overwhelmingly positive response received from the officers, United IPR is
devoted to continuing to engage in such capacity-building endeavors for Indian enforcement
authorities.

Mr. Shravan Kumar Bansal, address the gathering comprising of Custom officers as well as the JETRO members on the procedure and practice of IPR enforcement by Indian Customs, October 18th, 2019

The JETRO – Japan External Trade Organization organized training on IPR laws for Custom Officers of Inland Container Depot, Tughlakabad (which is the largest dry port of India) and invited Mr. Shravan Kumar Bansal, Advocate & Senior Partner At United IPR, to address the gathering comprising of Custom officers as well as the JETRO members on the procedure and practice of IPR enforcement by Indian Customs. Mr. Bansal, based on his vast experience, shared some of the global best practices that can be adopted by the industry as well as the enforcement agencies. He emphasized particularly the need for a robust public-private partnership to create an IPR conductive regime.

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Lecture on practical aspects of the enforcement action by the Customs against counterfeits, by Ms. Krati Jain, September 23rd, 2019

Ms. Krati Jain, Advocate & Associate at United IPR, delivered a lecture on practical aspects of the enforcement action by the Customs against counterfeits during the training on IPR laws with Customs officials on September 23, 2019 at the New Customs House, Mumbai, Ballard Estate. The lecture also focused on the challenges faced by the Customs Authorities and viable solutions. In addition to this, she also delivered brand identification presentations for various well-known brands.

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Lecture on the social and economic impacts of the trading of counterfeit apparel in India and across the globe by Miss. Sadhvi Saraf, September 23rd, 2019

Miss. Sadhvi Saraf, Advocate and Principal Associate at United IPR, delivered a lecture on the social and economic impacts of the trading of counterfeit apparel in India and across the globe. She also shared her experience on practical aspects of the Enforcement Action by the Brand against Counterfeits and apprised the customs officials to identify the counterfeit apparels as well during the training on IPR Laws with Mumbai Customs on 23rd September, 2019 at the New Customs House, Mumbai, Ballard Estate.

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United IPR organized a training with Mumbai Customs at the New Customs House, Mumbai, Ballard Estate, September 23rd, 2019

United IPR organized training with Mumbai Customs on September 23, 2019, at the New Customs House, Mumbai, Ballard Estate. The session was organized to equip the officers with enhanced key tools that are pivotal to curbing the influx of counterfeits into the Indian territory, by sharing specific inputs and intelligence on the identification of products and of suspicious consignments.
The training was presided over by the Learned Commissioner of Customs and attended by approximately 40 Custom Officials which included Appraisers, Superintendents, Examiners, and Inspectors across various field formations within the Mumbai Customs.
We thank Mumbai Customs for their vigilance and continuous support.

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Conducted a five-day training course on enforcement of IPR laws from July 29th to August 2nd, 2019

Central Detective Training Institute at Ghaziabad, with a mandate to provide training to
in-service police personnel from the ranks of Sub-Inspector to Deputy Superintendent of
Police to hone their investigative skills by imparting the latest knowledge of scientific
techniques and best practices in the investigation, conducted a five-day training course on
enforcement of IPR laws from July 29 to August 2, 2019. Two out of the five days were
dedicatedly allotted to United IPR with the objective of training the officers on Patent,
Copyright and Trademark laws, along-with the investigative skills required to identify
and distinguish between genuine and counterfeit products.
The training was attended by 22 Police Officers from various districts in the state of Uttar
Pradesh and Delhi. The emphasis was at sharing specific inputs and intelligence on
the identification of products and of suspicious goods. The participating right-holders included Hugo Boss, Huda Beauty, Monster Energy,
Limited Brands (Victoria’s Secret, Bath & Body Works, and La Senza), L’Oreal, Procter &
Gamble, Polo Ralph Lauren, Under Armour, and Crocs.
Among the several courses run by the institution, the course on IPR laws has gained a great
deal of attention, as in many cases of IPR enforcement the officers were not familiar with
the penal provisions and technical distinctions enabling them to successfully prosecute,
convict and penalize the accused. The syllabus of the course was designed to provide
maximum exposure to the participating officers and was upgraded to make it more
relevant and topical. We are confident that with these regular efforts on capacity building of Indian
enforcement agencies, the attitude and environment will be more conducive to IPR
enforcement.

Lecture about what can and cannot be patented in India at Central Detective Training Institute (CDTI), Ghaziabad, by Ms. Krati Jain, July 30th, 2019

Ms. Krati Jain, Advocate and Associate at UnitedIPR was invited to deliver a lecture at Central Detective Training Institute (CDTI), Ghaziabad on 30th July, 2019 to sensitize the police officials about what can and cannot be patented in India. She also shared her insights on how modern patents operate in a global prospective. The workshop was attended by police officials from various districts across the country.

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