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Illegal selling of genuine products


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Many brand owners face a typical challenge of their genuine products meant for specific OEM/ institutional customers or exports landing in the retail market. These products are generally available at much lower costs and disturbs the normal channel sales.

The issue with such material is not only that, it disrupts the existing channel sales & creates confusi ...

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Handling repeat offender in brand protection


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The biggest challenge brand owners face today, is handling repeat offenders. Current methods adopted by the brand owners have been generally ineffective for these guys. In-spite of multiple FIR’s (generally registered against different people from the same entity), there is no fear among them and they continue to counterfeit products year after year.  Delay in ...

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Technology disruptions for brand protection


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There are host of technology interventions which are likely to disrupt the brand protection space and make the fight against counterfeits a real effective fight.

On the IP protection & legal side, there are tools being developed using AI & ML, to intelligently read the journals and suggest/undertake the possible remedies & actions. In the online spa ...

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Using augmented reality in brand protection


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As a part of the digital transformation, in the past few quarters, we have seen that augmented reality is being used by many brand owners in a very big way to promote brands, enhance customer experience, training the service professionals etc.

One of the very distinctive advantage, which is yet to be exploited by brand owners is, to use this technology for bran ...

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Does self-authentication help in controlling counterfeiting?


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There are host of technological solutions used by various brands for authentication by the consumers or the trade channels. Things like holograms, barcodes, 3D packaging/ markings, unique masked codes,  Dynamic QR codes, Smart DNA etc have been used by various manufacturers to provide a mechanism to check the authenticity of the products. But does i ...

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Knowledge Management For The Effective IP Protection


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There have been very little efforts by either the brand owners or industry associations to create a solid knowledge management platform for fight against counterfeits and other IP violations. There are serious gaps in the knowledge possessed by various stake holders. Today, the need is to create a comprehensive online knowledge repository/ knowledge platform.

T ...

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Trademark vs. Copyrights Protection


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Trademark vs. Copyright Protection

Intellectual properties of a company cannot be used by others without prior permission; copyright and trademark registration helps you prevent violation of your intellectual property rights. But it is important to understand the basic difference between trademark and copyright; given below.

< ...

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Protecting A Brand Beyond The IP Law


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Many times brand protection and IP protections are looked at the two sides of the same coin. While IP protection under the IP laws, looks at various aspects of trademarks, copyrights, patents, geographical indicators, designs etc, but for a comprehensive brand protection, the need is to additionally look at all those areas which affect the brand in its valuation, revenue ...

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Right Brand Protection Budget


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Organizations across the world have been fighting the menace of counterfeits and its impact on the revenue and brand value in a particular market for years now. The issues related to availability of counterfeits or violations to intellectual property actually continue to rise in many markets like India. Many of the reasons for this continued increase in violations is att ...

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Managing Counterfeit At Indian Shores


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International trade in India is not only affecting the country economy, the balance of payment situation, and the forex reserves but is also affecting financials of various corporates by compromises to their intellectual property.

On one hand, in case of imports of goods, there are processes for protecting IP of brand owners at Indian customs but on the other h ...

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Online IP Information Dissemination A key element To IP Protections


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The IP enforcement actions across regions have multiple actors and multiple channels, making the complete service delivery chain a complex and opaque process for the brand owners. There are actors like informers, investigators, enforcement agents, government enforcement agencies, lawyers etc, which together work on a particular infringement case, to take it to a logical ...

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Smarter Communication For Effective Brands Protection


Communication plays a very vital role in marketing and brand building activities for any brand. Over the years, the type of communications and the channels of communications have also evolved. Digital & social channels today offer very targeted communications, even for brands which were largely using ATL tools for promotions and mass connect. With the advent of the n ...

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Contracts Manufacturing Integrity And IP Protection


Many enforcement actions across the country have revealed that there is direct link of contract manufacturing integrity to availability of counterfeits and other violations to intellectual property of the brand owners. In today’s scenario brand owners are using contract manufacturing, sub contracting of manufacturing processes, leasing, giving agencies etc to drive ...

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Brands Protection In Difficult Times


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Brand protection activities and investments have been affected by the business scenario which the organization faces both internally and externally. Generally, it has been observed that investments into brand protection are substantially reduced with the drop in sales and external uncertainties. In the recent past in India, we have seen disruptions in business, because o ...

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Compliance Led Brand Protection


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The legal driven brand protection taken by brand owners has been relying on enforcement actions and filing very costly civil suits. Brand owners today are trying to engage the violators in a non-legal way and using various techniques for getting compliance from the violators.

Direct engagement & communication coupled with counselling & motivating the vi ...

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Brands Protection for Channel Development


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In many local markets counterfeit products are generally available at a much lower cost, specially the products that are counterfeited rampantly. In many of these cases, another fact is that, the % age margins available with the retailers are also very low (especiallyfor all such products where counterfeits are available across multiple counters). On one hand, there is a ...

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Is Brand Protection a GRC Issue


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In the last few years GRC (governance, risk and compliance) has been in the forefront for most of the organizations. While larger organizations are fairly matured in their GRC journey, the SMB’s now are undertaking GRC initiatives very seriously. GRC manages both the internal & external risks and build effective methodologies/ processes for risk mitigation & ...

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Effectively using the revenue department for brand protection


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Generally the tendency for brand owners and service providers is to look at brand protection purely from IP laws, but there are many violations which are either beyond the IP laws or provisions under various other statutes can also be imposed.

Provisions under the IPC related to cheating, criminal breach of trust, willful hurt, loss of revenue to the state etc, ...

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Can Handling Reverse Logistics Be a Strategy to Control Counterfeits


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With an increased smart phone penetration, especially in urban areas and evolution of many mobile apps & start-ups organizations in the waste management space, there is an interesting area emerging for handling the reverse logistics for empties. For many brands, refilling & recycling of the empty containers contribute to huge counterfeit availability. There are m ...

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Good Investigation For Effective Anti-Counterfeit Actions


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Everyone understands the importance of good investigation for any effective action against counterfeit products but looking at the current scenario prevalent in India, the fact is, this is one of the most neglected activities.

The organizations working as a service provider (law firms or private enforcement agencies) actually have very little or no interest in ...

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Leveraging Consumer Awareness Workshop For Brand Protection


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Consumer-driven brand protection has been gaining stream. Many brand owners have seen huge benefits from the consumer-driven brand protection. Wherever brand owners have used it along with legal-driven brand protection, the results have been really amazing.

One of the important aspects of consumer-driven brand protection is consumer awareness, education and eng ...

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Driving Optimal Value Of Counterfeit Action


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Brand owners have very divergent view and approach on calculating the ROI/ value driven out of the counterfeit actions. “So called” professional organisations look at from seizure value, business promoters look at purely from emotional issues and few others look at from brand goodwill in the financial books.

Out of these, seizure value is the worst ...

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Valuation of counterfeit imports at Indian Customs


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One of the critical issues generally encountered with the enforcements associated with the counterfeit imports at level of Indian customs is the value of goods.

Once the brand is registered with the custom authorities and a situation comes that a counterfeit consignment has been identified and needs to be acted against. The critical issues that arise are- how d ...

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Anti-Counterfeiting Action– Swimming With Sharks


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If we critically look at the complete ecosystem which is supposed to act against the counterfeit activities, one question comes to mind “Who wants to act against the counterfeits?” Is it the brand owner? Is it the consumer? Is it the law enforcement agency? Is it the legal services organizations? Is that the private investigators? Is it the trade channels? Or ...

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Protection Against Misuse Of Logo By The Trade Channel


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While the organizations are busy fighting the counterfeits of their products, violation of their trademark by way of misuse of their (organizational or product) logos has been rampant. Also, issues related to the cost of enforcement, returns on the money spent on such violations and complexities involved in the legal processes, act as major bottlenecks for taking actions ...

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Protection Against Tampering Of Products Packaging


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Several times the brand owners have to grapple with issues related to tampering of their product packaging or even with the product itself. This is not only an issue by which the consumer gets conned but also a lot times, the brand owners have to suffer due to lack of supply chain visibility, financial losses, unwarranted warrantee claims, demotivation to the authorised ...

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Fostering Collaborative IPR Action


Collaborative IPR actions have never been a very accepted modus operandi for IPR enforcement against the violators, in a particular area. Brand owners have been reluctant to take joint actions for various reasons which could include the confidentiality, the competitive spirits, logistics involved, legislative issues etc.
Only in certain cases, like BSA (for softwa ...

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Celebrity – A Brand? And How Their Rights Get Breached!!!!


“How Celebrities became Immortal”

Intellectual Property Right claims on the celebrity persona, proposes that the rising fame phenomenon in our society calls for a proportionate rise in the protection of our celebrities.
Celebrities have an economic stake in their personality rights which has also been recognized before in other jurisdictions, ...

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Training & Capacity Building – An Important Brand Protection Tool


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Legal Driven brand protection has 4 important stages – information gather, information investigation, enforcement & other actions and litigation process.

While there is enough competence and organizations, which carry out the actions and subsequent litigation processes. The key for any effective brand protection activity is the brands ability to gathe ...

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Awareness: The Key To The Right Of Intellectual Property


There is a recent change which has been seen in our nation toward intellectual property rights. It seems that people have started acknowledging and giving importance to these rights equally like other rights. This is because of awareness that has been slowly increasing about these rights but they do not know this in deep and thus wrong steps while fighting for their righ ...

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Trending New Age Tool For Protection Of Intellectual Property Rights


A customer is so much connected to their brands. The brand is important in everybody’s life because their choice of brands represent them. When someone buys a particular brand he creates his image in front of others and also there is a trust relationship between two of them that is the brand and the customer. This takes a form of goodwill which in turns help in bra ...

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Dealing Intellectual Property Issue In Modern Age


Intellectual property rights is a newer concept as compared to others due to which it is not that popular among common people but it is gaining popularity slowly and recently is one of the major fields which has been talked about so much which has brought a sense of awareness among people with respect to the intellectual property rights.

The common problem whic ...

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Impact Of Demonetization On Counterfeit Trades


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With India going for demonetization of 85% of its currency, the impact on the counterfeit trade will be an interesting area to watch. In the short term, just like any other illegal trade, the impact of demonetization on the counterfeit trade is expected to be quite large and much more than the impact on the normal businesses. Coupled with demonetization, a continuous shi ...

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Online Portals - Modern Approach To Old Problems


The market being flooded with elaborate ranges and options of products is a boon but also has it’s share of troubles. There is a general statement which we have always come across that says law breaking rules are concentrated on rather than law itself in our country which we can see in this sector as well where pirates are always ready with new tricks to promote br ...

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Dynamic QR Codes For Fighting The Counterfeit


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For a comprehensive plan against anti-counterfeiting & brand protection, dynamic QR codes provide a very effective solution, which is very easy to implement, is robust and an optimum solution.

The application works on providing a unique code to each individual unit of the product in the form of QR (Quick Response) code. These codes are generated at the back ...

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Measuring Effectiveness Of The Brand Protection Spend


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Many brands in India have been measuring the effectiveness of the brand protection spends by way of the seizure value of the good in criminal/civil actions. While it may be a good idea to get some objectivity in the internal brand protection teams of brands owners, but their actual effect on the market scenario may be very different.

It is still not proven that ...

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Planning the Court Proceedings in Criminal IP Enforcement Action


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Many brand owners and IP enforcement agencies have been registering criminal cases against the violators across India with a very short term objective of pushing the sales in a particular territory or achieving some numbers of seizures values, for staying relevant within the organization.

There is no serious planning for getting the registered criminal cases to ...

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Using CSR Budget For Brands Protection


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Managing budget for brand protection activities have always been an issue for most of the brand owners. Generally, brand owners have specific budgets earmarked for brand protection, which is either a part of the legal budget or part of the brand promotion budget. While it makes sense to have the brand protection budget as a subset of the promotion budget (as it delivers ...

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LAMS - A New Mantra For Brand Protection


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Enforcement actions executed by various brands across the country have been typically lacking in the control points and transparency in the whole process. Brand owners largely find it very difficult to:

a) manage & control the process with proper timely interventions
b) get a view of the whole process on a real-time basis.

Added to this iss ...

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Online Platform: A New Approach To Fight Against Fake Product


A consumer has unlimited options today for all kinds of products as the market is flooded with varieties of brands unlike the earlier times where people had no choices of brands and had to stick to the available brand which may or may not suit them. The market now is very competitive as compared to the earlier times and this evident through comparative advertisement that ...

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Fighting Piracy In A Technological Era With Internet As The Perfect Tool


Intellectual property law in India is a flourishing yet neglected and not so popular in comparison to other areas. Intellectual property law is interesting as it consists of branches which govern our rights giving us options to take help from these as per our requirement like patents for invention, copyright for literary and dramatic work, trademark for graphical represe ...

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Fighting Counterfeit Effectively: Need Of The Hour


Counterfeit over the passing time has become more of a business and a source of making a lot of illegal money. This is the phenomenon of making fake products or imitation of something valuable or which is of importance. So, this gives a clear sense that why it is so popular and people love doing it because it can draw them huge amount of money in less time which probably ...

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On-Line Portals: Exploring New Options For Intellectual Property Solution


Intellectual property is a less developed concept in India. If we question about this subject to common people, the answers would not be correct and even if correct would not be in deep understanding. It is because that they do not have enough understanding about the basic concept of the subject. Intellectual property rights are like any other rights to us and we should ...

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Indian Defence & Counterfeiting Issue


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There has been an increased trend of counterfeit products getting into India Defense sector and many other government contracts.

If we comprehensively look at the defense sector, the problem is even more complex due to the issues of transparency in procurement process and subsequent visibility or audit on wake of national security. The audit referred here is no ...

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German Company’s Patent For Asthma Drug Revoked


Indian pharmaceutical major Cipla has won a major victory against a German firm over a lung drug patent case. India’s Patent Office has revoked a patent on asthma drug, Spiriva (tiotropium bromide monohydrate) held by German major Boehringer Ingelheim following Cipla’s opposition. The pa ...

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Is WhatsApp A New Breeding Place For Swindles


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The massively-popular app, WhatsApp, is used by hundreds of millions of its users for more than messaging. It is on the way of becoming a full-fledged portal on its own.

The cost-effective and user-friendly WhatsApp has given the counterfeiters (manufacturers/wholesalers) a platform to share their line of fake products with a host of retailers in an easy manner ...

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Indian IP Environment Still In Grey Area


The US Trade Representative (USTR) in its ‘Out-of-Cycle Review of Notorious Markets’ report released on Thursday said that India has not taken any meaningful action against notorious markets where counterfeit products are openly sold.

The report alleged that numerous markets in India have appeared in past lists, with no identified meaningful, effect ...

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Third Party Monitoring Of IP Enforcement Actions


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Criminal enforcement actions have been very common in India and brand owners across the spectrum have been undertaking criminal enforcement actions through IP investigators or IP law firms. It has been found that the actual action at the ground zero on a specific schedule is also susceptible to large scale manipulations and malpractices by the various actors involved in ...

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Awareness: Major Key Towards Protection Of Intellectual Property Rights


Intellectual property rights are new concepts of rights which are less known to people. Common people generally concentrate on other forms of rights which are bit traditional. This newer form is intangible and thus is people are unaware of it. The concept may be new to people but the law breakers have gone too far and we are lagging behind in order to protect our rights. ...

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Role Of Investigating Platform In Curbing Brand Piracy


The concept of intellectual property rights is relatively new to India as compared to developed countries. With the growing concept of intellectual, piracy is also growing rapidly. There are no specific classes of product and service for the pirates as they have covered almost every product and service under the ambit of piracy be it any branded products like apparel, ba ...

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Understanding Relationship Between Trademark And Consumer


Trademark is a very important branch of intellectual property rights but before jumping to this conclusion its equally necessary to know at least what is a trademark? This question if asked people in general will not able to render a proper answer. So, to make it clear trademark can be defined as any mark or name that is capable of graphic representation and comes from a ...

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Fighting Corporate Fraud With Help Of Intellectual Property Rights


The general ideology of the common man with respect to intellectual property rights is that it does not concerns them as it sounds so heavy and thus they fail to recognize their rights which is associated at every small step which they take wether it is buying a tiny branded product from a shop or take any kind of services which associates with some brand.

The ...

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Domain Name: Trademark In Virtual World


Domain names are something which we come across often these days but not everybody is aware of the concept of it. Domain name serves the same purpose in the virtual world which trademark does in the real world. So this can give an impression about domain names and also the similarity between domain names and trademark. Thus we can say that domain name represents the orig ...

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Compliance To Product Standards - The India Story


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When we look around us, there are products under various categories, which we find carry compliances to various standards -ISI, CE, IEC, FSSI etc. While in few sectors & product categories, it is mandatory by the law, to comply with the standards but, most of the products, don’t have a comply to any standard in India or carry any certification mark.

T ...

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LG Played Second Fiddle to Samsung with 4,652 Patent


LG Electronics may not be able to fetch the largest share of consumer electronics in its own company, Seoul, South Korea, however the company is patenting at juggernaut speed. Moreover, LG is a high-repute owner of 5th most U.S. patents granted in 2013. It is among only five firms to gather 3,000 patents awarded in the same year.

Well behind Samsung that was in ...

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Who Does The Profiteering From Counterfeiting


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While it is a well-known fact that violators (manufacturers and sellers) do the counterfeiting to earn huge profits, but a careful analysis of what goes on in the marketplace, also has some more dimensions.

One of the reasons for the growth of this trade (rather than coming down) is that, there are multiple actors which make money because this trade continues. ...

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Changing Scenario And Role Of Consumer With Respect To Fake Brands


Times have changed a lot and with the changing time there had been an increase in ranges of products in the market. There are so many varieties and ‘n’ number of brands which are available that it is difficult for the consumers to decide that what to choose and what not to or rather the difficulty lies in deciding that the chosen product by the consumer is ge ...

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Does Unfair Competition Erode Your Brand Value


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Brand across the world are faced by various types of unfair competition. There are false claims by the completion on the compliance to the regulatory requirements for products, compliance to the industrial and other statutory requirements of the regions, Health & Safety requirements (for customers, employees & associates), physical threats, cartels and unethical/ ...

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Online IP Information Dissemination: A Key Element To IP Protections


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The IP enforcement actions across regions have multiple actors and multiple channels, making the complete service delivery chain a complex and opaque process for the brand owners. There are actors like informers, investigators, enforcement agents, government enforcement agencies, lawyers etc, which together work on a particular infringement case, to take it to a logical ...

See More

Smarter Communications For Effective Brand Protection


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Communication plays a very vital role in marketing and brand building activities for any brand. Over the years, the type of communications and the channels of communications have also evolved. Digital & social channels today offer very targeted communications, even for brands which were largely using ATL tools for promotions and mass connect. With the advent of the n ...

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Managing Counterfeits at Indian Shore


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International trade in India is not only affecting the country economy, the balance of payment situation, and the forex reserves but is also affecting financials of various corporates by compromises to their intellectual property.

On one hand, in case of imports of goods, there are processes for protecting IP of brand owners at Indian customs but on the other h ...

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Decoding Cybersquatting


The U.S. Federal Law, also known as the Anti-Cybersquatting Consumer Protection Act, has defined Cybersquatting as an act of registering or using a domain name of a well-known brand with the intent of profiting from their goodwill. This practice incorporates the misuse of trademarks in which the registrant has no lawful interest or connection. This word is an amalgamatio ...

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4 Famous Movies You Won’t Believe Are Involved In Copyright Infringement


Copyright is promising than other forms of Intellectual property right. You know why?
Cos it can protect an artistic, literary and dramatic work for more than 50 years. Wow! Now that’s quite a score!
But for the Glamour world, it’s a step ahead as Infringement can amount from million dollars to a lifetime fine. So I will quickly name some of the ...

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Electronic Intelligent Turn Signal Control System - Patent Infringed


A patent held by an American Mr Richard Ponzianian for “Intelligent turn signal control system”, where a “three-blink” lane change signal is activated automatically as an when the vehicle changes from one lane to the other and automatically turns off after three blinks have occurred. This invention has been significant as it automatically turns of ...

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India On A Pro-IP Regime: Think Tank For IPR


Indian Intellectual property laws are under scrutiny since Compulsory license was granted to Nexavar. If a Compulsory license (CL) is granted then CL owner can use that invention against the will of owner. Second major problem with Indian Patent law, according to foreign firms is under section 3 (d), a new improvement or modification cannot be patented until and unless i ...

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Khadi’s Trademark: India Vs. Other Countries


Prime minister Modi has already been in the news and this time his “Khadi promotion” is the target. So, the point here is that original Khadi is a hand woven fabric and all the monetary benefit generated under “Khadi” Trademark should come to India. Also, world should recognize Khadi as creation of India. No one should use this word other than Ind ...

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Indian Copyright Act Needs Teeth: Javed Akhtar


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Javed Akhtar , renowned poet and writer, and now the Vice President of the Brussels-based International Confederation of Societies of Authors and Composers (CISAC) says,
“Medicine or machinery can be patented – but here we’re talking about a song, a joint creation by producers, lyricists, composers, singers, choreographers, writers and actors.
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Intellectual Property Rights And It’s Protection In Modern Age


Intellectual property as we say is competitively newer concept than other laws in India. So, it is.necessary to understand intellectual property rights as the common people are unaware of the basic concept of intellectual property rights.

In a lay man language we can just split up the words and say that any creation or product of the mind can be said as intelle ...

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What Amounts To Deceptive Similarity - A Case Study


In the present case, The Bombay High Court pondered on the matter of a trademark that is deceptively similar with regard to its essence and identity and ruled in favor of the plaintiff on all counts.

Brief Description of the case- The marks A and B were registered by X as Class 5 which pertains to treatment of patients suffering from anemia or deficiency of iro ...

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Understanding Trade Secret And Its Position In India With Reference To Brand Protection


Overview
Trade secrets is a form of intellectual property rights which is any information that can be used in business operation or other enterprise that is sufficiently valuable and secret which provides an economic advantage over others. Trade secrets are also referred to as ‘confidential information’ or ‘undisclosed information’.
...

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Copyrights - What You Need To Know


What are copyrights?

Copyrights are rights accorded by law to individuals who make a significant creation in the fields of theatre, Literature, cinema, Music and film. Copyrights are not just a single right but in fact are a combination of rights that pertain to rules of reproduction of the work, translating it an also if it needs to be adapted. The rights cont ...

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Illicit Liquor 101.


What is Illicit Liquor?

Illicit liquor, by definition is alcohol produced in an uncontrolled environment such as an open field or at home with low or zero safety standards that is intended for purposes of sale.

Can Such Liquor Kill me?

Yes it can, According to the National Crime Records Bureau (NCRB) the figure for alcohol related deaths in ...

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Trademark Law And Remedies In India


According to Section 2 (1) (m) of The Trademarks Act, 1999- ‘mark’ as includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof . Section 2 (1) (zb) of the Act defines a ‘trade mark’ as a mark capable of being represented graphically and ...

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Patent 101


What is a Patent?

A Patent is a right granted to an inventor for a limited period of time (currently 20 years under the Patents Act, 1970) by a country government when the procedure that lead to such invention is disclosed to the Comptroller of Patent Office. A Patent bestows upon an inventor, the sole right to exclude others from making, using, or selling his ...

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A Study Of SP.Chockalingam Vs Controller Of Patents And Its Repercussion


In the case of SP.Chockalingam V Controller of Patents the Madras high court ruled that Indian lawyers can also act as Patent agents as per the Indian Patents Act, 1970 regardless of whether or not they have cleared the required Patent agents’ examination

In 2002 the Indian Patents Act, 1970 was amended wherein it was made mandatory that in order to becom ...

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Fake Medicines On The Rise - The Reality Of The Fake Drug Industry In India


Did you ever imagine that the medicines we all turn to when we are sick as a source of comfort and relief could be fake? Or that they could be lethal? Neither of us did, but the cold reality is that there exists a large worldwide network that manufactures and sells drugs that are illicitly produced. These cartels thrive on the desperation and frustration caused by illnes ...

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The IPR Dialogue : ‘India’ And ‘US Pharmaceutical Companies’


The recurring cases of US Pharmaceutical giants being denied grant of patents has led to expression of serious concern regarding the protection of intellectual property in India. After the much publicized rejection of patent grant for Novartis’ anti-cancer drug Glivec, another US pharmaceutical company Abraxis BioSciences has been refused the patent for its anti-ca ...

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US Statement: Enforcement Of IPR Administration A Main Concern


Across the global market, Indian pharmaceutical segment is at a turning point, in the global economy. This is the time when this industry is all prepared for a launch; the area is loaded with regulatory concerns for active pharmaceutical ingredients (APIs) whilst there are quality issues taking a toll on ‘brand India’ in the global market.

Indian ph ...

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Brand Protection Solution: Keeping The Intellectual Property Pirates, Thieves And Counterfeiters At Bay


There is a thrill in creation. You can witness it in the eyes of kids proudly displaying their science projects once the schools open after summer. With their names boldly labeled on their works, they proclaim to the world that yes, this is my creation. Karl Benz must have felt the same way, when he gave the world the predecessor of the highly popular brand of cars &ndas ...

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Reporting the Fakes - Making a Social Impact


Our world is these days filled with fake products, be it in person or via digital platforms. The role of e-commerce platforms is increasing its role as a culprit for these issues, each passing day. Duplicates can be of anything, including the DVD of a movie or a name of a restaurant. These are sometimes fashionably patterned and occasionally designed in an unruly manner ...

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Avoiding Copyright Infringement


Have you ever uploaded an image or a video to a website, only for it to be deleted because of copyright issues? While some areas of copyright law can be complicated enough to cause copyright lawyers sleepless nights, the basics are very simple. Armed with some simple principles, you can save yourself from running afoul of copyright law.

Understand the scope of ...

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Patent Infringement – What, Who & How


You get to know that there is a product in the market which is becoming increasingly popular amongst consumers and you are intrigued to know more about it. You do a bit of a research and end up in shock.. Why, because, this new found popular product is nothing more than a lovely copy of your original patented product. An instance of unauthorized manufacture, sale and/or ...

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Heat Wave Between India And EFTA


Switzerland, Iceland, Norway and Liechtenstein are the four countries which forms the European Free Trade Association.

Several aspects are discussed in these agreements for free trade. This time Intellectual Property Right issues generated heat waves between EFTA members and India. Indian officials have stated that they are firm on their stand.
There is ...

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Tug-Of-War Between India And US For PFC


India continues its fight with US on being eyed for a ‘PFC ‘status. Under the US Trade Policies ‘PFC’ or Priority Foreign Country is a classification being given to a country over providing trade barriers to U.S. companies and products due to the intellectual property right laws.
Indian officials said the Indian IPR laws are fully compliant ...

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Brand Protection Service In India


It is not in doubt that the exclusivity of brands – both Indian as well as the larger international ones, has been diluting in view of the severe acts of infringement in recent years. Particularly in India, the Intellectual Property Rights prevailing in these brands have been severely affected and much detriment has been caused to brand owners in view such resultin ...

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Elvis Presley Enterprise Inc. Vs. Sid Shaw Elvisly Yours


Almost across all countries, aspiring monopolists have tried to adopt names and pictorial representations of well known persons including celebrities, politicians, social activists, famous sportsmen, etc. and seek registration of the same as a Trademark and Copyright for themselves. While, many a times, the actual person themselves – such as the celebrity or social ...

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The Patent Game In India


Observers from the global Intellectual Property Rights community have been witnessing, in recent times, India’s steadily increasing role and its attempts to safeguard and manage its market, particularly in relation to pharmaceutical patents. Key developments such as India’s awarding of its first compulsory licence for a patented drug and Swiss pharmaceutical ...

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Social Media And Brands – Positive And Negative Effects


In today’s world, when social media and networking play a prominent and pivotal role in an individual’s life as well as that of a business, it does not come as a surprise that brand owners have adopted an extensive marketing and sale of their products online. Brand owners also use this social media and networking websites to closely associate with their custo ...

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Who Owns Gutthi?


Viacom 18, the producer of the program, ‘Comedy Nights with Kapil’ was forced to issue a public notice in a leading daily declaring that the character, ‘Guthi’ is owned by them and nobody has the right to adapt the same as a part of any other programme. Obviously, this was in reaction to Sunil Grover – who plays the character, ‘Guthi&r ...

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One More Endeavor To Fight Against Piracy


In first of its kind effort Gujarat National Law University (GNLU) and Microsoft India has joined hands to deal against piracy. GNLU will have their own IPR department funded by Microsoft India. The department consists of a Professor and an Assistant Professor and will act as a central point for research and framing of policy in IPR.
There have been lot of campaig ...

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Clash of Biggies


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Infringement cases has taken a toll on every sector forcing them to take legal support. In a recent development these companies have created specific Brand Protection cell consisting of retired police personnels aiming at reducing these counterfeit products.
Ayurvedic giant Dabur has won a case in the Bombay High Court against Ahmadabad-based Bajaj Herbals regardi ...

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No Copyright Infringement Intended.


No copyright infringement intended” is the magical incantation used by web wizards across the internet that will ward off vampires and lawyers right? There seems to be a great confusion on the internet on what does and does not constitute copyright infringement. One can understand some confusion as copyright is a very gray area. However, in this case it is most cer ...

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The Evils and Consequence of Academic Plagiarism


Originality is the attribute of a unique creation, a trait that sets such creation apart from all the others and gives it its own unique identity. This originality is the brainchild of the creator/ inventor or author and acts as the very soul of this previously inanimate object. In today’s world where freedom of expression, innovation and new thought is being encou ...

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My Caring Brands

Brands and Fakes has aligned the capabilities of the service delivery eco system with the industry verticals, so that the Brands under various industry verticals and sub verticals are able to get services from expertise in their specific domains.

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