24 April,2012
The menace of counterfeiting has assumed massive proportions and is strengthening its roots in India as well as overseas. As a repercussion of this commercial activity, not only the burgeoning knowledge in intellectual capital is unable to reap the comeuppance rewards, but also the economy faces a downturn. Any reversal of the present condition will potentially act like a catalyst. The introduction of Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 by the Central Government in exercise of the powers conferred by sub-section (1) of section 156 of the Customs Act, 1962 read with clauses (n) and (u) of sub-section (2) of section 11 of the said Act, applies to imported goods and is certainly a positive step in curbing the anti-counterfeit mechanism. The ‘Rules’ are an attempt to define the role of the Customs in implementation of intellectual property rights but with the proactive participation of the IP right holders.
Effective IPR border control mechanisms helps in deterrence of cross border transit of counterfeit goods and in balance of interests of right holders. Customs administration plays a pivotal role in combating counterfeiting and piracy. United IPR is dedicated in the field of anti-counterfeitance and trademark-patent protection and has taken the initiative to sensitize the Customs Rules 2007 for its better and effective implementation.
The said workshop was organized by our law firm in association with NACEN and there were participations from renowned multinational brands such as L’Oreal, LVMH, Lacoste, RayBan, Calvin Klein and WD-40. The workshop was successful in bringing forth the identification aspects of counterfeit goods in the right manner and it was intercepted successfully by the participating audience. Protection of the property within the territory or across the border has ambivalent significance. IP Laws are intended to protect owners of property against unlawful uses by the third parties, which include laws dealing with corporeal property and incorporeal or intangible property. One of the objectives of making or manufacturing goods is trade, which includes international trade also. In recent times, it is seen that international trade in pirated works and counterfeit goods is increasing at an alarming rate, causing substantial loss to the rights owner and the government.
Thus, traditional customs laws need fortification. Similarly, Intellectual Property Rights dealing with copyright, patents and trademarks require introduction, substitution or amendment of new rules. These measures would enhance efficacy of existing regulations thereby enabling the authorities to curb illegal trade across the border. This workshop was held to analyze the protection of IPR under the customs laws and IPR legislation.
FEEDBACK:
The workshop invited unanimously positive feedback from all the participants. Some of the comments and suggestions of the customs officers and probationers who attended the workshop are reproduced herein below:
- P.K.SHARMA (SUPDT) – Such type of workshop is helpful in detection of counterfeits and the workshops should be organised regularly.
- DR.AJAY KUMAR (Asst. Commissioner, I.R.S) – Educative, Informative session, especially relevant in contemporary times with lots of new products coming in the market. Presentations by eminent speakers can be mailed to all.
- Arun Prasad R.L. (IRS, Probationer) – Very good, more informative and diversified in given areas. Give reference about leading products counterfeited in India and about patent violations on medical products.
- B.B.Gupta (Add. Director, NACEN) – Product categories can be more varied to include electronics, pharma, etc.
- Lalan Kumar (Add. Director, NACEN) – This should be conducted at all major cities in collaboration with NACEN. Prepare a booklet containing international / national laws applicable, do’s / dont’s and get it circulated through NACEN to all Custom Offices.
- Seema Malik (ADG NACEN, RTI Delhi) – it was well planned covering all aspects of IPR and can be disseminated to all offices of Customs posted at the borders. Workshop should be covered on larger scale.
- Ashish Kumar (IRS, Assistant Commissioner) – Beneficial to all stakeholders and more time can be allotted for product identification.
- C Mohan Gopu (Asst. Commissioner, Probationer IRS) – very informative. Samples of genuine and counterfeit useful for better identification. More demonstration would be more useful.
- Shekhar Kumar (IRS, Asst. Commissioner) – beneficial to all stakeholders. Should be held at major Custom locations. Differentiating fake products should be stressed upon and contact person to be intimated for informing about fake products. Women participants should be more for easy product recall.
- Mali Dhananjay Shivaji (Asst Commissioner, IRS) – Very helpful in creating awareness of counterfeiting in market. Will held in enforcement of IPR laws at the borders. More demonstration with original and counterfeit products.
- Pankaj Negi (Inspector) – Good
- Rajendar Singh( Appraising Officer)- lectures by shri sahu, shri madhukar sinha and shri shravan kumar bansal were very informative. Contents should have more percentage on law and procedure and on removal of difficulties faced while implementing the same.
- Shri S.P.Singh( Supdt. Customs) – Excellent-keep it up. Should be extended to more filed formations with relevant printed matter.
- Ram Pratap(Addl. Commissioner)- Good to know about counterfeit fake products and should be held again.
- Nand kishore onial( Inspector)- An excellent effort. Highly useful and interactive.
- Pardeep Sharma(SUPDT.)- Extremely informative. Alongwith the lectures soft/hard copy of the same should be provided.
- Jaspreet Kaur ( IRS Probationer)- It was very informative. The workshop should be held at NACEN so that all the probationers could participate.
- Ms. Prakriti Nigam (Asst. Commissioner) – Very insightful & deliberative. Practical tips to distinguish original from counterfeit was very useful and interesting.
For presenations, click on the link below:
www.slideshare.net/patent_unitedipr/customsipr-an-enigmatic-combination-for-all
http://www.slideshare.net/patent_unitedipr/presentation-on-counterfeit-identification