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IPR Training with Tamil Nadu Police on 25th and 26th October 2018

  1. Venue:Tamil Nadu Police Academy, Vandalur, Chennai.
  2. The training was inaugurated and presided by: S. Santhi, Superintendent of Police, Tamil Nadu Police Academy and by Thiru. N. Baskaran, Inspector General, Tamil Nadu Police Academy.
  3. Number of Officers as Attendees:45 Police Officers of the ranks of Deputy Superintendents of Police, Inspectors as well as Sub- Inspectors from across various jurisdictions in the state of Tamil Nadu.
  4. Course Curriculum: Day 1 of the training entailed academic topics as mentioned below:
  • Provisions of relevant statutory provisions namely Trademarks Act 1999, Copyright Act 1957, Information Technology Act 2000, Indian Penal Code 1860, The Code of Criminal Procedure 1973 and Evidence Act 1872.

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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IPR Training with Kochi Customs on 18th January 2018

IPR Training with Kochi Customs on 18th January 2018

The government, through its facilitation and enforcement machinery, has a major role in sensitizing awareness on  IPR  laws and curb the instances of counterfeiting across the borders, which can be accomplished only through an effective public-private partnership. Customs play a pivotal role in the contemporary enforcement of IP Rights, as they are at the forefront of the border protection and are responsible for preventing the influx of counterfeits in the country.

IMG_2574With a view to stimulate the continuous interaction between the industry and the government and to provide an interface for businesses to resolve their issues pertaining to Intellectual Property Rights, United IPR organized training with Kochi Customs on 18th January, 2018, which was attended by approximately 40 field formation officers and presided over by the Learned Assistant Commissioner of Customs (Special Intelligence and Investigation Branch), Mr. Ranabir Bose. The training focused on the relevant theories, notifications, case laws and other legal aspects pertaining to IPR (Imported Goods) Enforcement Rules,  2007  and  product  identification techniques of  various  participating brands including L’Oreal,  Bvlgari,  Apple & Beats,  Nike, Coty, Nivea,  Procter & Gamble, Stihl,   Burberry,   Lacoste,   Gant,   L Brands,   Tom Ford,   LVMH (Tag Heuer, Hublot & Zenith), Monster Energy, Lee, Wrangler, Polo Ralph Lauren, Dita And Vans.

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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

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

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.

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.

Overall Impression to be taken into Account to Ascertain Similarity between Trademarks

Trademark Registration in India

The Bombay High Court in a recent Judgment (Rahul Uttamsuryavanshi versus Sunil Kasliwal, MANU/MH/1951/2016) reaffirmed the importance of taking into consideration the overall image or impression conveyed by a trademark in an issue concerning the inquiry with regard to infringement of a trademark. The same suggests Law Firms offering Registration of Trademark Services in India and Trademark Litigation Services in India to be cautious of initiating frivolous litigation or registration processes.