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Handling repeat offender in brand protection

Posted By Admin on 04 Oct 2017

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 the legal processes, compromises made by the police in pressing for charges and brand owners lack of focus post FIR, have contributed to these violators being emboldened rather than deterred.

There are few things which need to be done, 1) the brand owners have to join hands in identifying these repeat offenders and jointly fight a direct battle with them 2) Such cases needs to be pursued very vigorously in the courts by the brands 3) there is a need for the brands owners to link many of these cases where repeat FIR’s have been done & press for harsher actions directly 4) it might be a good idea to also file a civil suit against the entity concerned and link the criminal cases to the suit and press both for huge penalties & conviction. The provisions of IP acts may not be enough and other provisions of IPC & other statutes have also to be pressed for these culprits.

More importantly, the brand owners need to take this as an one-on-one fight and can’t expect enforcement agencies or the government, to fight for the brand owners right.

The collaboration tool of helps brand owners to collaborate to identify and act against the repeat offers. Also the professional expertise of the eco-system of legal & other IP professionals, help undertake effective actions against these repeat offenders, across India.

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