Food Brand Piracy: Fighting Food Brand Counterfeiting In India Necessary

“Food” what does this word speaks? The word is enough to describe the one of the most valuable part of our life or should I say it’s the basis of our life. If there is no food there is no possibility of life and food and hunger makes a person do many things. It’s a simple answer to the question that why we work that is to earn money and why we earn money because we need to survive and food is an important element of survival but when we see the current scenario there are thousands of food brands which are available in the market and they guarantee the best quality in whatever they sell like biscuits, ice- cream, rice, lenticels, sugar, salt and the list goes on. We also look for brands in these food products because they assure quality which is hard to find in the loose food items sold by the vendors or general retail stores but do you think that the pirates are not smart enough then let me clear it that they are way smarter than the poor consumers because they know very well how to manipulate consumers and especially their target are the unaware lot of the consumers.

Very many food brand owners and consumers both are very troubled because of the fake food brands available in the market. The consumers are troubled because the quality they look for, is not available and also feel cheated as they expect something else than what they get, they are cheated on both levels of monetary as they pay for something else and they get something else and health levels because the fake products uses low and degraded quality of products which directly and adversely affects the health of the consumer. The brand owners are not directly affected by the brand piracy but are indirectly adversely affected as they have their name at the stake. Their brand name is misused and they lose their reputation which leads to loss of customers and further loss of business and money. So we can clearly see that there is a two way loss and these losses can’t be compensated.

The question which comes to our mind after reading this is that then how can we not become a victim of this brand piracy and how can we fight counterfeiting in India? The answer is quite simple which is we need to take precautions rather than looking for the cure.

Both consumers and brand owners need to be aware about the market. While the consumers should keep a full check on the trademarks they use and should check the trademark, the packaging, the maximum retail price, the manufacturing date, the bar code for the product etc. thoroughly before buying where as the brand owners should keep on promoting awareness about their trademark and product in order to keep the consumers well informed about their brand and food product so that the consumers can easily distinguish between the fake and genuine products  which can help in maintenance of quality standards and help both the brand owners and customers to fight against the losses which could occur in future.

Apart from these steps to be followed as a precautionary measure they can also complain for the same if they encounter any such mishap of fake food packaged products they can report the same on the online portals which help in providing a platform to both the brand owners and customers so that they can fight against these pirates and Brands and Fakes is one of such reliable and well received online platform.     

TRADEMARK REGISTRATION: A NECESSITY FOR BRAND PROTECTION AND GUARD AGAINST FAKE PRODUCTS

1. 
   
2. Trademark is a mark which differentiates a good from other goods and also it informs the consumers about the source of good. This is how trademark has been generally referred which is true, though, now the scenario is a bit different as trademark has been associated with the brand value which is increasing day by day and with these increase there is increase in the negative points like trademark infringement, passing off of goods which is a caution to the brand owners that they should keep a close check on their trademark so that they are far from all these threats. It is agreed that even years before these dangers were present to one’s trademark but one cannot deny that it has increased abundantly with passing time and today no one can even imagine to what extent it has reached.
   However, our trademark law that is the Trade Marks Act, 1999 doesn’t mandate the registration of the trademark and provides a remedy of passing off in case of violation of trademark rights but passing off remedy is more difficult in nature because the burden of proof lies on the plaintiff (the one who files the complaint) and he has to prove the ‘classical trinity’ as referred in the case of Reckitt & Coleman v. Borden (1990) which is as following:
   
   

   • One has to establish that the reputation of plaintiff is hampered by the use of the mark

   
   

   • Establish that misrepresentation made by the defendant to the consumer.

   
   

   • Such misrepresentation has caused or is likely to cause damage to the reputation of the plaintiff’s business.
   After these three grounds are proved the plaintiff will succeed in the remedy of passing off. Further in the case of Durga Dutt Sharma v. Navratna Pharmaceutical Lab (1965), certain points of differences have been highlighted between infringement and passing off:
   
   

   • In an action for infringement the right of the plaintiff is established by the evidence of registration. Therefore, registration itself acts as a proof, whereas, in an action for passing off the right of the plaintiff is based on the reputation of the plaintiff’s business.

   
   

   • Trademark infringement is a statutory right whereas passing off is a common law right.

   
   

   • Trademark registration is an exclusive right and property to be protected in the exclusive right is to use a particular mark whereas in passing off property which has to be protected is the reputation of plaintiff.
   In passing off the defendant might escape the liability if he can show added material on the packaging etc. which distinguishes his goods from the goods of the plaintiff where even the trademark owner has the information of fake products suffers loss and is unable to protect hi brand but that is not in the case of infringement and thus infringement is very strict as a remedy. 
   Thus, it is very necessary to get one’s trademark registered so that they can protect their brands adequately and brand owners can also contact the brand protection services in India which will help them in providing a platform to fight for their rights and Brand and Fakes is one such well known platform.

INFORMATION ON FAKE PRODUCTS: NEED OF THE HOUR IN PROTECTING BRANDS

Currently we see the markets flooded with various kinds of apparels, foot wears, accessories etc. and thus new brands keeps on pouring in with passing time. Also with time the brand users know the brands they use and love. But the increasing popularity of the brands give rise to piracy as well and in the current scenario, you might find pirated products more than the real branded products, it’s shocking but it’s true which further gives rise to the insecurities to the brand owners because they do face a lot of loss in terms of finance and reputation due to piracy. Here protection of brands becomes an important issue which can be only dealt when there is information of piracy to the general public and brand owners. If we see closely it’s a two way loss, both to the brands and the general public.

Now a day’s all kinds of brands relating to different products all over the world is available in India and people are happy to use them and one such sector which is immensely flourishing is the footwear industry. Today, almost all the branded shoes are available in our country be it some designer shoes or some top notch classic shoe brands like Crocs, Red Tape etc. are easily accessible through rising market and technology. This also gives rise to the fake shoe products which are available in the local markets of India, and which though look similar but don’t match the quality of the original product at all. The material used in it is of low quality which can harm the consumer in many ways like some skin problems like corns in the feet which is very painful and not easily curable and one of the main reason of this disease is wearing bad or low quality shoes or sandals, further other reasons like discomfort while walking, shoe bites and also these products don’t last long which is why it is always recommended by experts even the doctors to wear shoes of good quality and as we know good quality comes with good brands.

India, as we know majorly comprises of the middle class people and they are the only targeted lot by the pirates and this is because of two major reasons:

• First, that they are not well aware of the brands they use and 
• Secondly, they have limited money to spend.

These two reasons are used in order to lure them to buy the cheap fake products. Also if the consumers find out that they have landed up with the fake products even then they don’t bother to complain which is not expected of them as this whole era is about one’s rights and protection of the same so if some of the rights are violated one should come up with it.

It’s not totally the responsibility of the consumers in the matter of fake products but the brands are also equally responsible for creating the awareness and circulating the information on fake products. They can come up with various ways of doing so:

• The very first and easy step which can be taken is to create awareness about their own brand in detail which can comprise of all the small details relating to the brand logo, authorized dealership, authorized retailers, authorized online retailers, different authorized stores all over the world, etc. this will automatically help the consumers to detect the fake products.

• Above, is the precaution that can be taken by the brand owners but what if they have to report piracy against their brands in India? This can be answered and simplified by the different online platforms provided for the registering of such complaints on fake products which can be registered by the brand owners or the consumers.  One such very popular platform is Brands and Fakes which provides all kinds of support regarding these cases.

But the major problem arises when the brand owners are unable to find proper platform which provides with brand protection services in India but one of the reliable and one stop answer for their problems is Brands and Fakes which is an online platform which offers brands owners the protection they require at all levels. So, it’s evident that the information and awareness on the fake pirated products is necessary in order to protect the brand value and reputation be it any industry or sector.    

THE RISE OF COSMETIC BRAND PIRACY: SAY NO TO HOAX COSMETICS WITH COMPLAINTS ON SUCH FAKE BRANDS

Today, almost all industry sectors are hit by counterfeiting and piracy globally and India is in no isolation, rather we find these problems taking a rapid rise here. Brand owners put a lot of effort both financially and physically in order to bring up their products in mainstream markets and the worst part is then when they don’t get what they deserve in terms of profits or in terms of brand following. One of the major reasons for this is the fake brands in the market which leaves these brands unprotected and for their protection it must be corroborated with proper evidence which can be acquired once these matters are investigated which is again considered to be a tedious process. Counterfeiting or piracy rob the innovators or producers of their intellectual property rights and is significantly harmful not only to the innovators but also to the consumers. Across seven industry sectors reviewed in the FICCI (Federation of Indian Chambers of Commerce and Industry) report, 2012, the unauthorized goods sales caused average sales losses to rights holders of 21.7%.

One such sector which is highly affected through fake brands is cosmetics. Cosmetics are such products which can’t be avoided in our daily routine and it also has a direct contact with our skin so it deeply affects our personality if something goes wrong by using them. Present world is so much concerned with one’s looks and personality be it a female or a male, thus different brands are coming up with the men range so on and so forth and thus slowly cosmetics have not only become a woman’s best friend but also a man’s partner in this tough environment but we keep on hearing complaints on fake brands by the consumers of these cosmetics. When we go to the markets we hear loads of things like “madam please take this, it’s real or “we purchase in bulk due to which our price is lower than the market price” these lines are just the tactics to make you purchase the fake brands which contains many harmful ingredients or compounds including synthetically produced elements, ingredients and compounds which can leave a very bad impact on the skin. India, in the last quarter of 2004 was tallied the highest number of counterfeit perfumes and cosmetics worldwide, according to Gieschen Consultancy’s counterfeit-intelligence analysts and I am not sure for the present but the complaints haven’t reduced which gives an impression that it’s still on rise.

To have a complaint it’s essential to spot a fake cosmetic brand and which can be done by

• Knowing your brands in a very good manner which means that know the label of your brands properly. Sometimes it’s just little changes here and there and then the fake brand is ready for sale!!! So always check the label thoroughly. 
• Buying the products from authorized dealer or retailers and always look for a barcode on the products but beware fake brands come up with fake barcodes, so in order to combat that there are many free barcode scanner apps in the smart phones that can be used and if u don’t have that option then it will be safe to buy it from authorized dealers or retailers. 
• Also the packaging play a very important role as the real brands have a higher quality packaging and if you feel any kind of low quality packaging you can either not buy it or you can file complaints for the same. 

Complaints are encouraged because, we as consumers have certain rights which we should administer and also using duplicates always encourages such fake brands manufacturers to go ahead and if there will be no buyer for their fake products it will automatically result in decrease of such fake brands which is a logical way to handle it.

Also these complaints will help to take certain steps forward and find a legal solution for it.   

Where we can always be a bit careful while purchasing our branded cosmetics, sometimes it may happen that we might be trapped in these fake brands, there the question arises that “ who will help us?”. Proofs in these cases are necessary in order to put an end on such complaints and we can get it through investigation but not everyone is capable enough for these investigations, that too in India but Brands and Fakes is such a brand protection platform service which can easily help you in these situations. Also investigation helps to trace down that whether these cosmetics are domestically produced or being smuggled. Even one can register their complaints on Brands and Fakes website from where it can be taken further.

It’s not at all necessary that only consumers can be affected due to these fake brands, even other sections like the brand owners who are at higher risk than the consumers as they have their reputation attached to their brand names which will ruin up if consumers frequently have complaints then they can seek help from a brand protection investigator service in India and Brands and Fakes is one of the most popular such service provider.

 Through sharing equal responsibilities by both consumers and brand owners or dealers against these fake products or cosmetics, both can avail benefits and when there is easy availability of brand protection services in India through one of the most efficient service provider “Brands and Fakes” then there’s no point wasting time and money on fake products. 

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.