|April 4, 2017||3|
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, alongside various provisions under other acts like FSSI for food items, DIPP rules for specific industry verticals like cement, power, environment, pollution etc, legal metrology act for issues related to packaging, NGT, consumer protection act, BIS act can also be applied.
One of the ways to enforce brand protection is to use the enforcement wings of various revenue departments for the central & state agencies. Enforcement raids by DRI (Department of Revenue Intelligence), economic offences wings of the police, sales tax department, excise etc can be very effective. The actions undertaken by these departments are far quicker and generally may not require huge documentation or processes to be followed beforehand. Decent investigated information is more than sufficient to trigger an action.
Many of these actions are much more effective and also have better results in courts going forward. The penal provisions under many of these statutes are far more stringent then IP laws alone.
The professional network of lawyers (including the non-IP lawyers), SME’s, social groups, activists and volunteers associated with www.brandsandfakes.com and its online application control & manage the various steps involved in brand protection and allows brand owners to take services from the Brands & Fakes ecosystem, which is much beyond the IP laws.
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.