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Training on Intellectual Property Rights enforcement laws with Chandigarh Police, November 14th, 2019

United IPR organized training on Intellectual Property Rights enforcement laws on 14th
November 2019 for the Chandigarh Police, the first of its kind for officers in the Union
territory of Chandigarh.
The Training was presided over by Mrs. Sita Devi, Deputy Superintendent of Police,
Chandigarh and by Mr. Harminder Singh, Inspector, Training, Chandigarh Police and was
attended by 46 Police Officers of the ranks of Deputy Superintendents of Police, Inspectors
as well as Sub- Inspectors across various jurisdictions in the Union Territory of Chandigarh.
The course curriculum of training targeted on sensitization of various IPR laws through
interactive sessions of discussion on the practice and procedure to be followed by Police
while conducting search and seizure actions under the Trademarks Act, 1999 as also under
Copyright Act, 1957. In addition to encompassing the underlying statutory provisions and
important concepts, the focus centered around relevant notifications, case laws and other legal
principles dealing with both Civil and Criminal Enforcement of Intellectual Property Rights
and product identification techniques of various participating brands, across a wide spectrum
of the industry including cosmetics, footwear, eyewear, pharmaceuticals, electronics, fashion &
lifestyle and other FMCG sectors.
The Police Officers participated in enthusiastically and shared constructive feedback on the
training by highlighting the significance of sharing best practices and hands-on experience in
their anti-counterfeiting and anti-piracy drives.

Session on the Role of the Police Officers in IPR Enforcement by Mr. Avi Bhandari, November 14th, 2019

Mr. Avi Bhandari, Advocate & Associate at United IPR, delivered a session on the Role of the Police Officers in IPR Enforcement at the Chandigarh Police Academy on 14th November, 2019. He shared his hands-on experience in anti-counterfeiting actions and also sensitized the Police officers about the social & economic impact of counterfeiting. In addition to the academic lectures, he also delivered product identification techniques for various brands across a wide spectrum of industry.

The session was very well received by the officers of Chandigarh Police and was highly interactive and engaging. This training session was the first of its kind organized for the Chandigarh Police Academy.

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Session on the increasing crisis of counterfeiting in the clothing and cosmetics industry, Mr. Rishi Bansal, November 9th, 2019

Mr. Rishi Bansal, Advocate and Managing Associate at United IPR delivered a session on the increasing crisis of counterfeiting in the clothing and cosmetics industry. From his vast experience in dealing with enforcement against counterfeit products, he shared his insights with the attendees 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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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.

IPR Training with Jaipur Customs on December 28, 2018

In a first of its kind IPR training for the Custom Officers at the port of Jaipur Air Cargo and Jaipur Inland Container Depot, United IPR organized a training at the NACIN (National Academy of Customs, Indirect Taxes & Narcotics), Jaipur Zonal Campus on 28th December 2018. The training focused on the procedure and practice followed and also the problems encountered by the Right-holders as well as the Customs in the enforcement of Intellectual Property Rights at the territorial borders. Additionally, the emphasis was to create sensitization on enforcement of IPR laws by Customs through illustrations of best practices followed at other ports in India.

IPR Training with Central Detective Training Institute, Ghaziabad on December 18th, 2018

1. Venue of Training: Central Detective Training Institute, CGO Complex, Kamla Nehru Nagar, Near Hapur Road, Ghaziabad, Uttar Pradesh-201002

2. Police Academy: Central Detective Training Institute, Ghaziabad

3. Coordinator-In-charge: Mr. Suryakant Patil

4. Number of Participants: 25 Police officers

5. Topics covered: The following topics were discussed:

IPR Training with Mundra Customs, Gujarat on 9th February, 2018

Introduction

Counterfeiting is a global problem which affects both onshore and offshore circulation of goods and is a bane to the society. In India, the Customs authorities have played and continue to play a pivotal role in anti-counterfeiting and enforcement of Intellectual Property Rights, with the ports of Mumbai, Delhi, Kolkata and Chennai effectuating the maximum number of seizures of counterfeit consignments. The port of Mundra, which comes under the Special Economic Zone and is primarily driven by gargantuan exports, is the largest private port in India and has witnessed an increased load of imported shipments in the recent years.

United IPR, in its endeavour to build the capacity of Indian Customs, has been conducting training on sensitization of IPR laws at various ports across the country. In one of the most recent efforts, it organized the first-ever dedicated training for Customs Officers at the port of Mundra highlighting the crucial role played by Indian Customs in the enforcement of IPR laws. The training emphasized on the enforcement procedure followed in cases of seizures of infringing goods in addition to focusing on the product identification techniques of various participating brands.

Objective

The training was aimed to equip Custom officials with key skills necessary to monitor and control the imports and exports of counterfeit products by sharing specific inputs and intelligence of suspicious consignments. With updated recognition techniques, the officers would be better prepared to detect and facilitate the clearance of genuine consignments, while detaining the goods which are suspected to cause infringement or illegally imported into India.

Mundra Training 1Participants & Attendees

The training was held at Customs House, Mundra on 9th February 2018 which was presided over by Mr Sanjay Kumar Agarwal, Commissioner of Customs, Mundra and attended by 45 officers from various field formations. The participating right-holders included Apple & Beats, L’Oreal, Coty, Limited Brands, Vans, Monster Energy, Tom Ford, Polo Ralph Lauren, Burberry, Lacoste, Gant, Bvlgari, LVMH, Procter & Gamble, Nike, WD-40, Lee and Wrangler.

Outcome

Customs officials who attended the training enthusiastically participated and shared constructive feedback on the various guidelines and mechanisms shared by the right-holders, which would assist the Officers in combating the influx of counterfeits in the Indian territory. In addition, since Mundra is a gateway port in the western part of India, goods entering through this channel cater to markets of not only Gujarat but also that of the neighbouring states. The right-holders as also the customs officials acknowledge that this is a prime step and an ideal platform for interaction between the public and private players to share their experiences, exchange best practices and better inter-agency coordination with respect to enforcement of IPRs.

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