Raids are conducted on the premises of Factories, Manufacturing Locations, Assembling Locations, Showrooms, Retailers, Warehouses, Wholesalers and Stockists where infringing or counterfeit goods are stored or found.
Step 1 Investigation & Sighting Report
Sighting report is based on investigation and contains the following details:
- Name & Address of the premises/people involved in infringing/counterfeit goods
- Relevant Jurisdiction
- Type of Business Activity (manufacturing/ wholesale/ retail)
- Estimated Quantity
- Photographs of the products/location
- Proposed legal action – civil or criminal
- Estimated time in conducting the legal action
- Estimated costs.
Step 2 Determination of appropriate Course of Legal Action
- Civil Action – involves filing of a civil suit for injunction, damages and search and seizure action through the assistance of Court Commissioner. An ex-parte injunction order is obtained and a raid is organised & executed. Damages are claimed against the infringer, however, there are no arrests made. Seized goods are destroyed after complete adjudication of the case.
- Criminal Action – includes search & seizure action directly through the police. In case of a criminal action, the accused is imprisoned; however, the claim of damages does not subsist. Goods are stored in the police warehouse and subsequently destroyed.
Step 3 Execution of Raid by United IPR
- Lawyers who are well versed with the product identification
- Support staff to obtain photos/videos and assist in the search & seizure action
- Court Commissioner (only in cases of Civil Action)
- Representative/s of the right-holder (upon right-holder’s discretion)
- Police Officials from the concerned jurisdiction