BUSINESS LAW

Introduction Counterfeiting is a serious crime and challenge of counterfeited and pirated goods has emerged as a global problem and a threat to all modern businesses, affecting their profits, their reputation and the safety of their consumers. No country is immune from the impact of counterfeiting and piracy and no single sector can be said to be an exception. Thus, there is a constant need for rigorous enforcement of Intellectual Property Rights (IPRs). The Government of India issued notification where Police officials had to undergo training programs on the implementation and execution of IPR.  The fundamental objective of the said courses is to enlighten Police Officials regarding the concerns of IPR violation and other related crimes which are detrimental to public interest, safety and security. Several trainings and workshops have been organized by United IPR on the approval of Learned Commissioner of Police in various places such as Tamil Nadu Police Academy, PHD Chamber of Commerce, New Delhi and Commissioner’s Office, Pune (Maharashtra) in the past. Objective Police Authorities play a significant and essential role to effectively combat and tackle the problems related to counterfeit and piracy. The training and the workshop aimed to provide appropriate knowledge to the Police officials regarding the violation of IPRs and to provide skills to control and fight against counterfeiters. During the training, the Police Officers were exposed to various techniques of product identification and provided them with a significant experience in distinguishing a genuine product from a counterfeit version of the same product.

United IPR organized an interactive session to sensitize the importance of protection and enforcement of Intellectual Property Rights at and in association with PHD Chambers of Commerce on 27th March 2018. Objective The session included discussions on practice and procedure that needs to be followed by the Delhi Police while conducting search and seizure actions under the Trademarks act, 1999 and the Copyright act, 1957, read with relevant provisions of the Indian Penal Code, Code of Criminal Procedure and the Evidence Act. It highlighted specific issues faced by the Delhi Police while enforcing the laws and in effective prosecution of a given search and seizure operation. In addition to discussion on statutory provisions and important concepts pertaining to the market raid actions, the focus centered around relevant notifications, case laws and other legal principles dealing with both Civil and Criminal enforcement of Intellectual Property Rights supported with illustrations and case studies by way of product identification presentations of L’Oreal, P&G, Nivea, Apple, Lacoste, Gant, Dita, Vans, Skullcandy, Fendi, Burberry, Monster, LVMH  Watches Brands, Limited Brands, Polo Ralph Lauren and Coty. Participants & Attendees Keynote Address was delivered by Mr. S.K. Singh, Additional Deputy Commissioner of Police, Delhi and the session was attended by 15 Police Officers including the Assistant Commissioner of Police, Inspectors and Sub-Inspectors from various District Investigation Units as well as the Economic Offence Wing of the Delhi Police. Outcome The Police Officers participated enthusiastically and shared constructive feedback in the question answer session held during as well as upon conclusion of the seminar. The officers reported that the interactive session would enrich their experience in anti-counterfeiting and anti-piracy drives, which would facilitate in better enforcement against unscrupulous traders in the markets of Delhi.

United IPR organized two days training on Intellectual Property Rights enforcement laws in association with Tamil Nadu Police Academy on 15th and 16th March 2018. Objective The course curriculum of training targeted on sensitization of various IPR laws through interactive sessions of discussion on the practice and procedure to be followed by Tamil Nadu Police authorities while conducting search and seizure actions under the Trademarks Act, 1999 as also under Copyright Act, 1957, read with Indian Penal Code, 1860. In addition to encompassing the underlying statutory provisions and important concepts, the training focused on relevant notifications, case laws and other legal principles dealing with both Civil and Criminal enforcement of Intellectual Property Rights and product identification techniques of various participating right-holders including Apple, Beats, Coty, Procter & Gamble, Nivea, Burberry, Lacoste, Gant, Limited Brands, LVMH watches (Tag Heuer, Hublot & Zenith), Polo Ralph Lauren, Monster Energy, Gold Medal and Fybros. Participants & Attendees The Training was presided over by Mr. Jaffar Sait, Additional Director General of Police, Tamil Nadu Police Academy and by Mr. Amresh Puajri, Additional Director General of Police, Crime, Tamil Nadu Police and was attended by 60 Police Officers of the ranks of Deputy Superintendents of Police, Inspectors as well as Sub- Inspectors across various jurisdictions in the state of Tamil Nadu. Outcome The Police Officers participated enthusiastically and shared constructive feedback on the training by highlighting the significance of sharing best practices and hands-on experience in their anti-counterfeiting and anti-piracy drives.

Counterfeiting is a global problem which affects both onshore and offshore circulation of goods and is a bane to the society. In India, the Customs authorities have played and continue to play a pivotal role in anti-counterfeiting and enforcement of Intellectual Property Rights, with the ports of Mumbai, Delhi, Kolkata and Chennai effectuating the maximum number of seizures of counterfeit consignments. The port of Mundra, which comes under the Special Economic Zone and is primarily driven by gargantuan exports, is the largest private port in India and has witnessed an increased load of imported shipments in the recent years. United IPR, in its endeavour to build the capacity of Indian Customs, has been conducting training on sensitization of IPR laws at various ports across the country. In one of the most recent efforts, it organized the first-ever dedicated training for Customs Officers at the port of Mundra highlighting the crucial role played by Indian Customs in the enforcement of IPR laws. The training emphasized on the enforcement procedure followed in cases of seizures of infringing goods in addition to focusing on the product identification techniques of various participating brands. Objective The training was aimed to equip Custom officials with key skills necessary to monitor and control the imports and exports of counterfeit products by sharing specific inputs and intelligence of suspicious consignments. With updated recognition techniques, the officers would be better prepared to detect and facilitate the clearance of genuine consignments, while detaining the goods which are suspected to cause infringement or illegally imported into India. Mundra Training 1Participants & Attendees The training was held at Customs House, Mundra on 9th February 2018 which was presided over by Mr Sanjay Kumar Agarwal, Commissioner of Customs, Mundra and attended by 45 officers from various field formations. The participating right-holders included Apple & Beats, Coty, Limited Brands, Vans, Monster Energy, Tom Ford, Polo Ralph Lauren, Burberry, Lacoste, Gant, Bvlgari, LVMH, Procter & Gamble, Nike, Lee and Wrangler. Outcome Customs officials who attended the training enthusiastically participated and shared constructive feedback on the various guidelines and mechanisms shared by the right-holders, which would assist the Officers in combating the influx of counterfeits in the Indian territory. In addition, since Mundra is a gateway port in the western part of India, goods entering through this channel cater to markets of not only Gujarat but also that of the neighbouring states. The right-holders as also the customs officials acknowledge that this is a prime step and an ideal platform for interaction between the public and private players to share their experiences, exchange best practices and better inter-agency coordination with respect to enforcement of IPRs.

In the wake of the ever-increasing international trade, Customs has broader accountability towards border control and IP protections, since there cannot be an any better solution for IP protection than seizing counterfeit goods at the border itself. After conducting IPR training at various ports across India, United IPR organized a training session at the National Academy of Customs, Indirect Taxes and Narcotics (NACIN), Mumbai which consisted of lectures on IPR laws & the role of Customs in IPR enforcement & product identification techniques of various brands with the probationary officers of the Indian Revenue Services (IRS), who would assume crucial roles and responsibilities at various Commissionerates and will be at the forefront in border protection measures. Objective Streamlining the IPR enforcement mechanism in the country; Stimulating increase in the number of interdictions on account of IPR violations in the country; Equip the upcoming officers with the relevant contact points in case of seizures or queries about IPR Enforcement; Share crucial identification tips with the officers and develop intelligence against fakes based on the inputs shared by the right-holders; Participants & Attendees The training was held at NACIN, Mumbai on 23rd October 2017 which was presided over by the Mr. Girish Tilwe, Assistant Director – NACIN (Mumbai) and attended by approximately 40 probationary officers from the Indian Revenue Services (IRS). The participating right-holders included Procter & Gamble, Apple, Nike, Coty, Nivea, Audemars Piguet, Bvlgari & Vans. Outcome Thereby, such enforcement training lead to increased awareness about IP rights amongst officials of enforcement agencies, which also includes customs, which in turn assists them in handling cases relating to IPRs in their day-to-day functioning.  

In a faster growing Indian economy, there is a need for adequate enforcement of Intellectual Property Rights (IPRs). The Government of India through its Home Affairs Ministry (Police-I Division, Police Training Section) issued a Notification vide F.No.23011/14/2017-PT dated 10th October 2017 introducing regular courses on enforcement of IPR for Police Officials. The underlying objective of issuing this notification was to address concerns regarding the link between the violation of IPRs and other organized crimes like terror funding, etc. which have caused a serious threat to public safety and security of the country. With the advent of technology and rapidly changing dynamics of crime and its consequent enforcement, it is the need of the hour for our investigative and enforcement agencies to keep up the pace with criminals and in fact stay ahead of them. Offences against Intellectual Property are categorized as Economic Offences which affect not only its proprietors but are also detrimental to the larger public interest. Realizing the pivotal role of Police Officials in combating counterfeiting and piracy and understanding the necessity to equip its officers with appropriate knowledge and skills to curb IPRs violation, the learned Commissioner of Police approved training for its Officers that was organized by United IPR on 11th November 2017 at the Commissioner’s Office, Pune City, Maharashtra. Objective The training aimed to assist the police officers with the latest updates on IPR laws, case laws, the procedure involved and expose them to the various concepts and techniques pertaining to IPR enforcement by sharing product identification tips that would aid the officers in developing intelligence against fakes based on the inputs shared by the right-holders. Participants & Attendees The training was held at Commissioner’s Office, Pune City, Maharashtra, India on 11th November 2017 which was presided over by the Mr. Rajesh Parunik, Senior Inspector, Crime Branch, Pune Police and attended by approximately 70 police officers from 27 different Police Stations in Pune City, officers from the Crime Branch and also from the Economic Offence Wing. The participating right-holders included Apple, L’Oreal, P&G, Coty, L Brands, Polo Ralph Lauren, Burberry, LVMH Watches brands, Audemars Piguet, Dita, Polo, Vans, Skullcandy and Monster Energy. Outcome Police Officers who attended the training shared an emphatic feedback on the various guidelines and mechanisms shared by the right-holders that would assist the Officers in an efficient investigation, application of the relevant statutory provisions, the filing of charge-sheets, leading and preserving evidence and culmination of the prosecution proceedings. It is incumbent upon the Police Officials to not only maintain the law and order in the society but also to handle the contemporary economic offences, IPR infringement being one of them, with radical efficiency. Additionally, this training offered the ideal platform to the Officials and the Right-Holders to share their experiences, exchange best practices and better inter-agency coordination with respect to enforcement of IPRs.