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Fostering Collaborative IPR Action


Posted By Admin on 16 Dec 2016

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 software industry) or Fan manufacturers association (for fan manufacturers in India), have tried to take collaborative IPR enforcement actions and there have been difficulties in continuing these initiatives over a prolonged period of time and handling of the expectations of various brand owners.
In order to avoid this issue the respective brands should maintain an online depository of counterfeit manufacturers against whom they have taken action in order to promote an arena of responsible and fair business among the competitors. Secondly the trade associations (collections of competitors, suppliers, vendors and customers) should also take collaborative action in such cases. Moreover this structure of functioning will be an essential part of the global campaign to disrupt the activities of the criminal groups who are responsible for the manufacturing and distribution of illicit goods.

Some of the significant benefits for such collaborative enforcement actions are:
• It puts enough pressure on the enforcement agencies for successful actions in difficult markets;
• Increased market power, specifically between market rivals;
• This additional market power cannot be legitimately be exploited;
• Reduced Costs;
• Sending very strong signals, literally chocking the violators;
• Lobbing Government organizations and custom departments

Hence, identifying areas of collective action against Intellectual Property Crime and Counterfeit products has become highly essential and a debatable issue.

Comments

    shubham jain

    The registered proprietor, his heirs and the registered user(s) can sue for infringement. An assignee of a registered trademark can also sue for infringement. A passing off suit can be converted into a combined action of infringement and passing off, if the registration of the trademark is obtained before the final hearing of the passing off suit.

    priyal jain

    Intellectual Property Rights (IPRs) are a set of exclusive rights protected by law which are accorded to creators or persons over their creations for a certain time of period.States have to formulate their IPR policies and action plans in various sectors such as education, industries including MSME, government offices, law enforcement agencies etc.
    IPRs will continue to play an important role in the industrial growth of States as technology based
    industries rely more and more on innovations.

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