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Complainant in a criminal IP enforcement.

Posted By Jaskiran on 07 May 2018

The least focused activity in a criminal IP enforcement action is selection of the complainant. The brand owners are only focused on the seizure values and visibility of the action without worrying on the conviction of the culprit or taking the case to the logical conclusion. The enforcement organizations may not have adequate commercial contract for follow up activities in the court.

Whatever the underlying reason may be, the selection of the complainant is least thought. Employees of the brand owners  didn’t wanted to come in front because of the fear or harassment issues and the selection is generally made of the smallest or the weakest of the guys in the whole eco system.

However  the fact is, the complainant ( along with witnesses) actually happens to be the most important aspect in the complete procedure and ensuring the case not only moves forward but taken to a logical conclusion. Since the brand owners have little or no interest in pursuing  these cases  further, most of the time these cases are moved in favour of the culprit for non-pursuance by the complainant,  lack of evidences, complainant or witness turning hostile and  even  out of court settlement between the complainant & the culprit.

Therefore it is very important that this issue is well thought before and a strong committed person becomes the complainant.

The eco system of, offer various committed and neutral options of selection of complainant, which are generally local in the city.

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