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Brand protection beyond IP laws

Posted By Admin on 22 Jan 2018

Typically the only way to look at brand protection is from the prism of IP laws. While it may be fine for lookalike cases, passing off   etc, but for controlling the counterfeits, these are far from being effective and the whole approach needs to be relooked at.


From a consumer point of view & from a channel point of view, the IP laws don’t make any sense. To them they are being cheated, given substandard products, waste of money and compromise on their health & safety. Unfortunately none of these, directly get covered in the IP laws in India and generally the stricter provisions of the law are never evoked.


There are multiple issues, firstly, all complaints filed for criminal actions are generally filed as IP violations and accordingly everything moves around that. Secondly, the IP enforcement agencies  don’t want to push for harder provisions, because of personal interests of the investigating officers.


In fact, the way things have been moving so far,  the consumer continuous to suffer (and so is the brand), and the ecosystem involved in controlling counterfeiting - brand internal brand protection teams,  IP enforcement organizations, legal services organizations, private IP detectives  etc., seem to generally having a positive impact & growing. Needless to say, that the culprits continue to do violate fearlessly.


The platform is approaching these issues from multiple angles. As the platform takes the social groups and consumers alongside in controlling the counterfeits (& other violations) and  taking actions against counterfeits , there have been many cases, where the activities have been done minus of the IP laws and under much harder legal & social provisions.

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