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IPR Training with Nhava Sheva Customs (Mumbai Zone II) on August 1, 2018

In India, the Custom authorities have played and continue to play a crucial role in anti-counterfeiting and enforcement of Intellectual Property Rights. The port of Nhava Sheva which comes under Mumbai Customs– Zone 2, is the largest container port in India and accounts for approximately 40 percent of the nation’s overall containerized oceanic trade. In the recent years, Nhava Sheva has witnessed an increased load of imported shipments and consequent increase in the number of seizures of counterfeit goods triggered by the various intelligence agencies within the Customs formations – particularly by the Special Intelligence and Investigation Branch (SIIB), Central Intelligence Unit (CIU), Marine & Preventive (M&P) as well as the Directorate of Revenue Intelligence (DRI).

IPR Training with Kolkata Customs, on 11th July, 2018

India has become one of the most revered destinations for investors with an ever-increasing market escalated by persistent demand for consumer goods. However, the issue of counterfeiting remains a common concern to all the right-holders, as its impact cuts across various sectors affecting the revenue, health and employment and it continues to be a menace to the society costing billions in revenue to the nation.

IPR Training with Goa Police, on 20th June, 2018

Introduction

Counterfeiting is a serious crime and challenge of counterfeited and pirated goods has emerged as a global problem and a threat to all modern businesses, affecting their profits, their reputation and the safety of their consumers. No country is immune from the impact of counterfeiting and piracy and no single sector can be said to be an exception. Thus, there is a constant need for rigorous enforcement of Intellectual Property Rights (IPRs).

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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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.