MARKET ENFORCEMENT
Raids are conducted on the premises of Factories, Manufacturing Locations, Assembling Locations, Showrooms, Retailers, Warehouses, Wholesalers and Stockists where infringing or counterfeit goods are stored or found.
Step 1 Investigation & Sighting Report
Sighting report is based on investigation and contains the following details:
• Name & Address of the premises/people involved in infringing/counterfeit goods
• Relevant Jurisdiction
• Type of Business Activity (manufacturing/ wholesale/ retail)
• Estimated Quantity
• Photographs of the products/location
• Proposed legal action – civil or criminal
• Estimated time in conducting the legal action
• Estimated costs.
Step 2 Determination of appropriate Course of Legal Action
• Civil Action – involves filing of a civil suit for injunction, damages and search and seizure action through the assistance of Court Commissioner. An ex-parte injunction order is obtained and a raid is organised & executed. Damages are claimed against the infringer, however, there are no arrests made. Seized goods are destroyed after complete adjudication of the case.
• Criminal Action –includes search & seizure action directly through the police. In case of a criminal action, the accused is imprisoned; however, the claim of damages does not subsist. Goods are stored in the police warehouse and subsequently destroyed.
Step 3 Execution of Raid by United World
• Lawyers who are well versed with the product identification
• Support staff to obtain photos/videos and assist in the search & seizure action
• Court Commissioner (only in cases of Civil Action)
• Investigators
• Representative/s of the right-holder (upon right-holder’s discretion)
• Police Officials from the concerned jurisdiction
ONLINE ENFORCEMENT
The boundless growth of Internet and its accessibility to people across the world has led to a huge increase in IPR violations and related issues over the Internet. Enforcement of Intellectual Property over the Internet is a sphere which we undertake with utmost sincerity and dedication. IPR violations over the Internet have seen a huge increase in the last half a decade with the upspring of newer business models such as e-commerce platforms and marketplaces and we have kept pace with it.
We have a separate department within our organization dealing with Internet Violations which specifically deals with IPR violations taking place over and through various means on the Internet. Our Internet Violation Department deals with the following matters:
• Internet Counterfeiting/ Sale of Fakes over Internet
• Other forms of IPR Infringement over the Internet
• ‘Intermediary’ Liability
• Domain Name Disputes (Cyber-squatting)
• Infringement of Design/Trademarks/Copyrights on the World Wide Web
• Mala fide Registration of Fake Email-Ids
• E-commerce IPR violations
We provide the following services –
• Dedicated Internet Monitoring Services
• Arranging & Conducting Test/Trap Purchases
• Drafting & Serving Cease & Desist Legal Notices
• Drafting & Serving Take-Down Requests
• Reporting IPR Violations
• Take-Down/Blocking of Listings and URL(s)
• Filing Cyber Complaints with Cyber Cell, Government of India
• Carrying out Domain Name Disputes Arbitration (NIXI & UDRP)
• Filing Cases and Litigation in Courts
• Negotiation and Settlement