A Way Out for Fighting Back Against Trademark Infringement and Piracy

Trademark is a mark which can be graphically represented and differentiates goods of one producer from another producer and is directly related to the reputation of a brand owner or trademark owner. Today, when one goes to any general store where we can find all sorts of products and innumerable brands, there we become careless because of reasons like:

·         The infrastructure of the shop;

·         Or we tend to get distracted by seeing so many different types of items and commodities

These are few reasons which make us careless and give the retailers a chance to use that opportunity. You must be wondering why? This can be explained from a simple example that generally we buy our monthly needful in bulk in the starting of the month, where in every time it’s not possible that we go to some kind of mega mart and shop by ourselves but sometimes it might happen that we shop from small retail shops, here, because of the above mentioned two reasons the retailers can easily cheat on us by putting fake products instead of real ones in our shopping bags. When we reach our home then we see that there is something different or sometimes those fake products even go unnoticed.

This forms the base of the piracy which further results in trademark infringement. Trademark gets infringed when somebody tries to sell his product in the name of some established brand by deceiving the consumers and giving them the impression that their product is the branded product itself by creating similar trademark or names and also selling similar products as of the trademark.

Cheating like this can only happen when there is lack of information on fake products among the consumers and here they pave the way for piracy and trademark infringement. A consumer should not only have knowledge about his trademark but also should be very careful while shopping. A consumer should always keep a check on what is being given by the shopkeeper and should try and individually check the packaged products which helps in differentiating between fake and genuine products. It also creates a fear in the mind of shopkeeper as he will not try to cheat the customers by seeing them so alert and cautious.

These are the precautionary measures but the problem arises when these things have already happened and the consumers are not able to find any remedy to such problems. These problems can be solved by registering complaints about any trademark infringement incident that happens or any complaints regarding fake products on online portals or platforms that provide all solutions relating to these problems faced by the consumers and also the brand owners. Consumers and brand owners can go for trademark infringement investigation which will further corroborate as strong evidence and thus help in fighting against piracy and one of such strong and reliable platform is Brands and Fakes.

 Piracy is deep rooted and will take time to go but one can take these small steps in order to make it a big revolution as it requires equal participation from everyone in order to fight back against brand piracy and trademark infringement.

Understanding Geographical Indications (G.I)

Geographical indications are fast emerging as a popular trend in the field of Intellectual Property Rights as they pertain to the protection of the qualities and attributes of a product originating from a specific geographical region which holds the ideal condition to aid the production or growth of the commodity. A geographical Indicator helps the producer or manufacturer of a product to distinguish his product as unique and separate it from similar competitive products and also establishes goodwill for the product which fetches prime price. However Geographical Indications also bring with them a host of economic benefits. According to a Survey conducted in 1999 in the European Union it was found that agricultural products registered as GI’s accounted for up to 10- 15 % Premium price and 5- 10 % for Non-Agricultural commodities.

The concept of Geographical Indications is not new but in fact is said to have originated in the 19^th Century. On an International level, the legal framework pertaining to Geographical Indications is laid down in Article 22 of the Trade Related Aspects of Intellectual Property (TRIPS) Agreement. Article 22 directs its member countries to provide the legal means necessary to interested parties in order to secure their GI’s. According to the  TRIPS agreement GIs are defined as indications that  identify a product  as having  originated within the geographical territory  of a member country which may also be a region or locality contained in  that territory, wherein a the quality, reputation or any other specific characteristic of the commodity can be without a doubt attributed  to its ‘geographical origin’. Article 22 provides protection that covers three areas ; It provides Protection against the usage of indications which may be deceptive or which may mislead the general Public, It Provides protection against using indications in a way that would amount to unfair competition and thirdly protection when it comes to invalidating trademarks holding within them indications that may mislead the public.

Geographical indications help in isolating products that originate from a particular geographical location and create goodwill for the product. It has also immensely helped to fight counterfeiting in India.Geographical Indications have many other significant functions depending on the usage of the indicator and how it is ultimately perceived by the consumer. The first function is origin based, the designation provided to the commodity indicates its origin and its relation to that geographical area. The second function relates to quality as the geographical indications signify the unique attributes associated with the product solely because of its geographic point of origin and assure consumers of its high quality along with a satisfaction guarantee. The third function is investment and advertising based, Geographical indications protect the investment of the manufacturer as they render the product unique and also aid in the promotion and advertisement of the commodity. The fourth and most important function is that GI’s protect the culture of a particular territory as the preserve the age old traditional manufacturing process and the overall cultural signature of the product.Geographical indications also help to distinguish between fake and genuine products

In India the primary legislation related to Geographical Indications is the GI Act which was brought into force from September 15^th, 2003 onwards and has been pivotal to granting GI status to many commodities and also extended the scope of this particular area of Intellectual Property Rights. A central government registry for Geographical Indications has been established at Chennai which has nationwide jurisdiction and acts as a platform where GI’s may be registered. The most significant distinction between the Indian GI Act and the International TRIPS Agreement is that the protection offered by a country by means of Geographical Indications is not restricted only to wines and spirits. The Act grants discretionary powers to the central government and gives it the authority to decide which commodities can be protected under GI status. However it is worth mentioning that the registration for geographical Indicators is not mandatory in India.

Intellectual property right investigations- a necessity in our country

The crime of forgery and producing forged goods is increasing day by day as more counterfeiters are taking advantage of high profits, low risks of being caught and lack of legal enforcement and the lack of anti counterfeiting investigators. There are many in the market that is ready to finance the manufacturers producing forged goods therefore encouraging grey market crimes. Sadly, our country lacks the law enforcement techniques and enforcement when it comes to tracking down and stopping Intellectual Property Right laws in our country.

Not just in India, but every city and every country has forged items being sold openly in every nook and corner of their markets.  Right from an impeccable copy of a designer outfit to the watch you always wanted but could not afford.  And all these and more are gettable at less than half the price of an original product. Most of the times it becomes apparent that the product is fake, due to it’s price. But, in some cases it is very difficult to figure out if the product is fake or original.

One wonders, why counterfeiting so extensively spread. A few of the reasons include; a lot of brilliant vivid artists are ready to replicate the logos and designs of well-known designers, underdeveloped and developing countries persist to offer cheap, unregulated labourers to counterfeit items of second-rate quality, ignorant consumers like to purchase a product thinking they're getting a great deal, some buyers despite being sentient still buy counterfeit merchandise and continue to do so nonetheless, counterfeit products are placed in decent stores and boutiques where their genuineness is often not questioned and lastly, domestic resources vend black market badges and symbol designs to counterfeiters, which are then placed on sub-quality products. Well, the prime predicament is that as a consumer one feels that counterfeit is harmless and so does the producer of such goods. People believe that there needs to be no guilt involved when they procure counterfeited products, giving it the name of a great deal. What one fails to understand here is that counterfeit products can also be toxic. You might be able to do away with a fake t shirt but It isn’t the same thing when you buy a fake medicine. 

A very important question to ask yourself here is what exactly are you getting out of counterfeit goods in the long run? A degraded company reputation is a price you might have to pay. What if someone is harmed using a product of your company or of your label? You'll be held responsible, and in turn will bear the damages from the consequent media frenzy.

To protect you, Brands and Fakes provide anti-counterfeiting solution by assisting you with intellectual property right investigations. We help you get answers for questions such as, how can you protect your brand against the abuse of counterfeit. Our team's awareness of the counterfeiting menaces, our understanding of law enforcement agencies and our capability to set up substantiation for judicial forfeiture procedures can help your company in its anti-counterfeiting efforts. We are working with many brands to help them enforce their rights in both civil and criminal cases, and consequently have earned our standing as principal choice in the field of counterfeit exposure in India.

Brands and Fakes is thoroughly proverbial with all categories of counterfeiting operations, from cloth stores to mechanical factories. Our investigators have years of experience in tracing the counterfeiters and helping your brand.

Investigation on Infringement; Vital for Growth of the Society

While the Intellectual Property formalities take place, such as registration of Trade Mark or Patent etc. Before and after these procedures are taken care of, it is extremely imperative for a business or brand to make sure that there is no forged brand, abusing or feigning your businesses’ intellectual property, together with brand name, logo etc. We at Brands and Fakes help you with trademark infringement investigation, since our expert team has the capability and knowledge to classify and analyze intellectual property infringement on behalf of the businesses.

As a brand, one puts in a lot of money and efforts in research and growth of their products and services they provide, for the betterment and health of the consumer purchasing and using these products. Counterfeited products on the other hand hamper the progress of these, ‘created with utmost effort products.’ These unlicensed products, be it jewellery, clothes, DVDs, softwares, end up costing the original product owner millions of Rupees in domestic as well as global market. The unfasten falsification of the forged products are unbolted and barefaced and repeatedly transpire without law enforcement involvement. Brands and Fakes works with several brand owners, volunteers, specialists on Intellectual Property such as trademarks etc to fight such violations on IPR.

In brand name violation and phoney products, ‘cause investigations’ are usually used to investigate and report fake products. For the same substantiation is congregated through investigations by and large is accepted. Investigations in trademark issues take place at large when brand owners and lawyers take into service, investigators to masquerade as patrons, buyers, or counterfeiters to make certain how the assumed infringer or counterfeiter represents himself to the consumers or to establish the foundation of forged or counterfeited goods. These analytical practices are a dependable and well-organized ways to bring together the information on the corrupt usage of a trademark, collect information about trademark forgery or determine information about a suspected infringer.

Such investigations may come about at any time together with the course of litigation that one plans to take up to protect his brand. The investigations count to be essential to establish breach of any kind. They may be used to congregate substantiation if not discoverable, as the suspected infringer would in all probabilities not collaborate. 

Infact, there are high chances that on the way of such exploration, investigators may unequivocally or unreservedly pull the wool over your eyes on who they actually are, may not be honest about the reason of their stopover, questions or interviews, and may also clandestinely record, photograph or videotape others during the visits but only in legal limits. Hence, it is imperative for people from every walk of life to be alert and aware to fight the menace of forgery and hamper the growth of duplicate products.

 

Fake Medicines on the rise- The reality of the fake drug industry in India

Did you ever imagine that the medicines we all turn to when we are sick as a source of comfort and relief could be fake? Or that they could be lethal? Neither of us did, but the cold reality is that there exists a large worldwide network that manufactures and sells drugs that are illicitly produced. These cartels thrive on the desperation and frustration caused by illness and feed on the willingness of people to pay as much as it would take in order to get better. 

According to experts, globally the counterfeit drug industry is worth a mind boggling 90 billion dollars approximately and is responsible for killing approximately 1 million people annually. Apart from its lethal effects, these drugs also cause people to become resistant to other forms of medication. Estimates by the Indian Government and trademark infringement investigations put the number of counterfeit drugs in India at 0.4 percent while it says sub- standard drugs are at 8 percent approximately. However independent studies put the number much higher at around 12-25 percent. As per Indian officials the financial loss caused by the counterfeit medicine industry is around 8.5 billion dollars every year.

These counterfeit medicines contain small amounts of the real drug mixed with additives such as milk powder, glucose, baby formula etc. The Damage caused by counterfeit drugs is usually long term as immediate effects after consumption are not noticed but since drug does not do anything to cure the illness or ailment; it gets prolonged and may reach an advanced stage where real medicines may be ineffective and may lead to the death of the person. Other associated health risks depend on the nature of the filler used. In cases where chalk is used as filler it leads to sedimentation and calcification of the internal organs causing bleeding and hemorrhage. If the filler used is harmful in its natural form then the effects when mixed with actual drugs can be potentially lethal. The most shocking aspect of the counterfeit medicine industry is its inhumanity and a sole aim of pecuniary gain seen in cases where even baby formula was not spared. This counterfeit baby formula when consumed by infants can cause therapeutic failure and resistance to medication which may cause serious health effects during the course of the child’s life. 

There are various methods to spot and report fake products, in this case fake medicines. 

These medicines are usually cheaply packed and the text on the packaging is poorly printed.

• These medicines will be unusually cheaper than the real thing.
• The color tones used on syrup bottles will vary by one or two shades higher or lower.
• Counterfeit tablets may be chalky, irregularly shaped and may leave a white residue when rubbed against the palm.
• Always check for holograms with a field of depth. Any hologram that seems flat and not deep is a sure sign of a fake.

Protect yourself from counterfeit medicines by – 

• Purchasing medicines from government approved pharmacies only
• Always ask for a bill or some proof of purchase
• Do not buy medicines offered at discounts or unusually cheap rates. They could be counterfeit
• Always note down the batch number of medicines you consume

In case you do come across a fake pharmaceutical product be sure to report the fake product to a Brand Protection Service. One of the most popular such services is Brands and fakes.