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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.

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.

ANNUAL REPORT 2015-16: GROWTH OF PATENTS IN INDIA

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The pro-active approach of the Indian Patent Office has been commendable as per the Annual Report 2015-16. Indian Patent Office strengthened the culture of transparency, accountability and efficiency in its management which is evident from the increased Patent Applications filling by about 10 per cent to 48,904 in 2015-16 as against 43,000 in the previous fiscal year. As per the report, the filing of patents, design and trademark applications recorded a double-digit growth in percentage terms in 2015-16. These figures reflect a new found interest in the general public towards protection of their IP and direct us towards a future of innovation, development of knowledge-based industries and favourable environment for technology transfer.

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.

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”.