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IPR Training with Pune Police Officers on 11th Nov’ 2017

Introduction

In a faster growing Indian economy, there is a need for adequate enforcement of Intellectual Property Rights (IPRs). The Government of India through its Home Affairs Ministry (Police-I Division, Police Training Section) issued a Notification vide F.No.23011/14/2017-PT dated 10th October 2017 introducing regular courses on enforcement of IPR for Police Officials. The underlying objective of issuing this notification was to address concerns regarding the link between the violation of IPRs and other organized crimes like terror funding, etc. which have caused a serious threat to public safety and security of the country.

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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NOKIA & XIAOMI: Sign Landmark Patent Licensing Agreement

Nokia Xiomi Agreement

The first week of July 2017 comes up with a paradigm in patent licensing when two global cellular technology leaders, Telecoms network equipment maker Nokia and Chinese smartphone maker Xiaomi announced business collaboration and a multi-year patent agreement, including a cross-license to each company’s cellular standard-essential patents.

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.

Companies can now “Apply” to register their Brand as “Well-known Trademark”

The new Trademark Rules have come into force on 6th March 2017¬ owing to the exponentially increasing number of trademark applications in the country. One of the most notable, as well as exceptionally priced amendments, is enumerated under Rule 124 of these new rules that have completely transmuted the procedure for the registration of a Well-Known Trademark.

IMPORTANCE OF DESKTOP INVESTIGATION IN ONLINE IPR ENFORCEMENT

desktop investigation

In an effort to combat global counterfeiting of branded products on online platforms, an effective Online IPR Enforcement is the requirement of time. Online IPR Enforcement can be explained as the process wherein legal action is initiated against online platforms such as stand-alone websites, marketplace websites and social media websites who are indulged in selling and promoting counterfeit goods of well-known brands.

3D PRINTING: IS COPYRIGHT LAW READY?

3D Printer

3D printing concept is the biggest and the most technologically advanced development made in the present century. Today, we cannot say that the 3D printing technology is new to us but its real life applicability is unimaginable with far reaching implication. Technology is best if regulated by law because it may be both a bane and a boon for the society.

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.