Monthly Archives: November 2011

Custom Authorities: Protecting Intellectual Property rights

Despite the fact that most companies have researchers to avoid IPR infringement, the incident rate of infringement is raising.

One of the most efficient ways to solve the infringement of intellectual property is to cooperate with customs authorities.

Provisions under the Indian custom law: The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, under which the rights holder can record the patents that have been granted to it with the Customs authorities. These guidelines authorize the Customs officials to seize goods infringing the patents of the rights holder at the border without obtaining any orders from the court.  Under these rules, the Customs authorities have initiated a recordation system using which the rights holder may give a notice in writing to Customs officer authorized by the Commissioner at the port of import of infringing goods requesting the suspension of clearance of goods suspected to be infringing patents of the rights holder. The Customs officers have the authority to suspend the clearance of such prohibited goods either at the information received by the rights holder. These rules also empower the Custom officers to destroy the suspended goods under official supervision or dispose them outside the normal channels of commerce after it has been determined that the goods detained have infringed the patents of the rights holder and that no legal proceeding is pending in relation to such determination. These rules also prohibit the re-exportation of the goods infringing patents in an unaltered state.

Stellarix would like to suggest to you the following measures and corresponding services:

  • Representation      of your interests in all matters regarding IP protection before customs      authorities, in particular:
    • Requesting from the customs authorities information,       which might be necessary to prove the infringement of IP rights;
    • Taking tests, samples and specimens of suspicious       goods, conducting investigations and expertise, photographs, and taking       any other measures to evaluate the scope of the infringement;
    • Submitting claims on the infringing goods, requesting       their confiscation and destruction in either the arbitration, commercial       or criminal court, or the Antimonopoly Committee and/or Custom       authorities.
  • Registration of Intellectual property in the corresponding country’s Patent & Trademark office.

Registration of your intellectual property in the PTO provide you with the following rights and possibilities:

  • Identification      of infringers and grey market companies and individuals;
  • Control      of unauthorized distribution channels and shipments;
  • Prevention      of the occurrence of infringement during the import to or export from      Russia;
  • Prohibiting      competitors from benefiting from the reputation of your goods/services;
  • Identification      of royalty underpayment of licensed goods/services;
  • Creating a strong image and reputation of your intellectual property

In the conclusion we can say that it’s necessary to pay special attention to importing and exporting goods-objects of intellectual property, carefully check existence of patents or other documents of possessing rights on merchandise.

Posted by : Amit Kumar Mishra


Fake Zandu Balm Racket busted in Maharashtra

Chennai emerges as hub for counterfeit currency

CHENNAI: The city seems to be emerging as a hub for fake currency after Mumbai and Kolkata. According to the National Crime Records Bureau’s statistics for 2010, Chennai recorded a total of 72 counterfeit currency cases last year. But when it comes to other crimes, Chennai is the safest metroto live in.

According to NCRB, neighbouring Bangalore has also registered 72 fake currency incidents , while Hyderabad has reported only 29. Mumbai tops the chart with 76 cases and Kolkata trails behind with 73 cases .Delhisawonly 32 cases last year.

Senior officers in the Central Crime Branch (CCB) of the Chennai police say this is because the police stations are diligent in recording such cases. “We do not avoid registering a caseeven if itisonly one fake note. Only now have we instructed all banks to compile all such complaints and giveus ,” said a senior officer.

Nevertheless , compared to 2009, the number of counterfeit incidents has increased in Chennai . Only 42 cases were reportedthat year. Kolkata registered 37 cases in 2009, but in 2010 it increased to 73. In Bangalore it was an increase from 65 to72.In cities like Mumbai, Hyderabad and Delhi ,the incidents have reduced.

Among the districts in Tamil Nadu , Chennai tops in counterfeit incidents followed by Vellore and Madurai urban with 31 cases each and Coimbatore urban with 30. “Fake currencies are circulated mostly in cities,” said a senior policeofficer.

Though there are 132 land customs checkpoints , 93 at ports and 36 at international airports , racketeers still manage to bring in lakhsof suchcurrencies. “Though we seize such cases periodically ,we are only able to scratch the surface. Most of those who are caught do not even know who the master brain is,” a senior policeofficer said.

In February 2010, CCB sleuths arrested 27-year-old Zakir Hussain suspected to be a kingpin of fake currency racket. “Some of the counterfeit notes circulated in this part of the country are locally made. But there are fake notes coming from across the border .Andthese notes arebroughtin through railor roadtransport,” the officer said.

In November 2009, police arrested two youths from West Bengal with fake notes amounting to Rs 30,000. They revealed that the notes were smuggled into India from Bangladesh through the border and that they originated in Pakistan. Further investigation revealed that a gang operating from Mumbai with strong networks in Jharkhand and West Bengal was involved. Police sources say that the racketeers use unemployed youth.

“If they circulate a certain amount of money they get a small commission . It is easy to lure those who are jobless, especially from thedistricts,” said the officer .