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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 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 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.

Mundra Training 2Mundra Training 3Mundra Training 4

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.

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.

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.

Liability of Online Intermediaries viz-a-viz Copyright Infringement

What is Copyright?

World Intellectual Property defines copyright as, “copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered under copyright range from books, music, paintings, sculptures and films, to computer programs, databases, advertisements, maps, and technical drawing”.