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Third Party Monitoring Of IP Enforcement Actions

Posted By Admin on 06 May 2016

Criminal enforcement actions have been very common in India and brand owners across the spectrum have been undertaking criminal enforcement actions through IP investigators or IP law firms. It has been found that the actual action at the ground zero on a specific schedule is also susceptible to large scale manipulations and malpractices by the various actors involved in the actions, including the enforcement agencies like the police/ customs etc.
There was been cases of connivance with the culprits resulting in last minute dropped actions, lesser reporting of actual seizure, over reporting of seizure, misuse to authorities to extract money, taking protection money and sometimes even reporting false actions.
To overcome these scenarios, few brand owners insist that the actions are executed under their own staff supervision but it is generally, not a very practical scenario. There is a need for these actions to be monitored properly by people/ organizations, with very high level of integrity and capture the actual ground activities in videos & publish nearly online for all stake holders. The intervention by the local media/ press is also an added safety feature during the enforcement process.
There are two real issues 1) is to get these third party monitors ( TPM) across the country, which not only have a solid background, impeccable integrity but also are trained in these activities. 2) how do we engage and manage these TPM, which are at various locations across the country.
Many of these TPM can come from diverse backgrounds like former services officers, social activities, NGO’s and sometimes people from the media industry. These individuals/organizations need to have a seamless (online) connectivity using internet and mobile interfaces. is one such initiative which has created an eco systems where many of these TPM are identified, engaged, trained and utilized for service delivery to brand owners. The LAMS ( lead and action management system) allocates, tracks and manages these activities along with the other activities and reflects online on the dash boards of the brand owners and other stake holders.


    priyal jain

    trademark registration right is only the first step in a longer process of protection and enforcement. For some trademarks, this process is simple and straightforward but for others it is complex as they seek to distinguish and uphold their rights against counterfeiting, passing off or infringement by third parties. brands and fakes is one such initiative which has created an eco systems where many of these TPM are identified, engaged, trained and utilize for service delivery to brand owner

    shubham jain

    An IP right is thus a legal right, which is based on the relevant national law encompassing that particular type of intellectual property right. Such a legal right comes into existence only when the requirements of the relevant IP law are met and, if required, it is granted or registered after following the prescribed procedure under that law.

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