ANTI-COUNTERFEITING
ANTI-COUNTERFEITING PRACTICE AT
KHURANA AND KHURANA (K&K)
We specializes in anti-counterfeiting, offering expert legal services across FMCG, Pharmaceuticals, Apparel, and more. Our team excels in criminal actions, trademark enforcement, and securing convictions, ensuring comprehensive protection against counterfeit goods.
Copyright is a legal right for creators of literary, dramatic, musical, and artistic works, as well as films and sound recordings, covering reproduction, public communication, adaptation, and translation. In India, copyright protects original expressions, not ideas, once they’re in a tangible form, as per the Copyright Act, 1957. Copyright arises upon creation, without mandatory registration, though registering offers valuable proof of ownership and creation date. India’s participation in international conventions like the Berne Convention ensures protection for foreign nationals’ works. Copyright safeguards creators’ rights, rewarding and protecting their intellectual effort and creativity.
CRIMINAL ENFORCEMENT OF IP
With advancing technology, counterfeiting has surged globally, infringing on Intellectual Property Rights and causing significant economic damage. Indian statutes like the Trademarks Act and Copyright Act provide criminal remedies, including prison sentences of 6 months to 3 years and fines up to INR 200,000. Khurana & Khurana excels in securing criminal action and relief against counterfeiters under these laws.
CIVIL ENFORCEMENT OF IP
Choosing Civil or Criminal IP Remedies: Effective Strategies
IP owners can opt for civil or criminal proceedings in infringement cases, each offering unique advantages. Civil remedies, such as interim or permanent injunctions, damages, and preservation orders, provide prompt, long-lasting solutions by halting distribution and manufacture while forbidding misleading associations with genuine products. Although criminal proceedings are more prolonged and costly, they offer a stronger deterrent against counterfeiters. Courts are increasingly proactive in granting ex-parte and interim injunctions when a strong prima facie case is presented, showcasing an evolving jurisprudence in addressing counterfeiting. This shift highlights the judiciary's commitment to protecting IP rights and ensuring swift, effective reliefs to prevent counterfeiting and uphold the legitimacy of IP owners’ creations.
Anton Pillar Order
which gives right to the right holder to visit the defendant’s premises along with the local commissioner appointed by the court, to search and seize the counterfeit goods. These goods are returned to the defendant with an undertaking that the goods will be safely preserved until further orders of the court.
John Doe Order
It is similar to Anton Pillar order, the only difference here is that the defendants are unknown/ or not known. Moreover, this action is taken when it is difficult to identify the counterfeiter or where the counterfeiter is operating out of temporary premises.
Counterfeiting is a widespread commercial evil rather than a conventional crime. The legislature has also established a commercial court in High Courts, in 2016. These courts have the jurisdiction to try cases of counterfeiting.
BORDER MEASURES
International Counterfeit Prevention
Counterfeiting is a global issue impacting economies. Customs and Border Protection enforces IP rights under Section 11 of the Customs Act by prohibiting and seizing infringing goods. IP proprietors can report grievances for prompt action.
IPR Enforcement Rules 2007
The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, were enacted to bolster the Customs Act 1962, enhancing IP protection at borders through strict enforcement against counterfeit imports.
Khurana & Khurana Expertise
Khurana & Khurana excels in obtaining injunctions and favorable IP enforcement orders. We provide comprehensive IP rights protection at Indian borders, complying with the Customs Act 1962 and IPR Enforcement Rules 2007.
Raids are carried out under civil or criminal laws to combat counterfeiting, starting with identifying counterfeit products, collecting evidence, and obtaining client approval for actions.