Protecting Your IPR (Intellectual Property) by Disha Dewan at eTailing India Expo'17

Copyright © 2014 R. K. Dewan & Co.

DISPELLING MYTHS ON INTELLECTUAL PROPERTY (IN INDIA!)

Disha Dewan | BSc, MPhil (Cantab), LLBPatent Attorney R K Dewan & Co

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India Entrepreneurs Club 3rd Annual conference & eTailingExpo 2017

Mumbai | 8th February 2017


Intellectual Property

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PATENTSTRADEMARKS

COPYRIGHT

DESIGN

GEOGRAPHICAL INDICATIONS

PLANT VARIETIES


Myth #1

IP is a vague subject of law

• only theoretical

• not relevant practically applicable in India

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Myth #2

We have bad IP laws in India

• India is not very IP friendly

• Eating up the negative media publicity

• Indifference lack of IP protection missed

opportunities

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Myth #3

Enforcement of IP rights in India? Forget it!• No one really cares about IP rights in India and infringers will get

away in any case

• Getting IP stolen/copied is just a way of life and has to be taken in

one’s stride when doing business

• The Courts will take forever to decide a case so what is the point?

• Even if the Courts reach a decision, there is no interim relief

• Any litigation, if any at all, takes place only in Delhi

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• RKD’s client, Hygienic Research Institute

Pvt. Ltd., successfully restrained the

Defendant from infringing the Plaintiff’s

mark “Super Vasmol 33”

• Based on the arguments put forth by RKD,

the Bombay High Court also passed an

order to search the Defendant’s premises

and seize infringing goods

• Huge stocks of the Defendant’s products

bearing the infringing mark “SUPER

WAXMOL 303” were seized 6

Hygienic Research Vs. Cento Products (Bombay High Court)

Case Study 1


• The complete proceeding from filing the suit in the Bombay High Court to

getting a favorable order (permanent injunction and an order for

destruction of goods) took 37 days in all.

• Some photographs of the seized counterfeit product are shown herein:

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Hygienic Research Vs. Cento Products (Bombay High Court)

Case Study 1


Case Study 2 – Well Known trademark

• Lavasa Corporation owns ‘Lavasa Township’, India’s first hill city, planned for approximately 0.3 million permanent residents with facilities for about 2 million tourists every year.

• RKD was successful in obtaining an order of permanent injunction for Lavasa Corporation, restraining the Defendant from using the mark “Lavasa” as a part of its corporate name.

• The order of permanent injunction was passed in a period of just 6 months.

• RKD was successful in convincing the Hon’ble Court to declare “Lavasa” as a ‘well-known mark’.

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Lavasa Corporation Vs. Lavasa Visuals Pvt Ltd. (Bombay High Court)


Case study 3 - Anticounterfeiting

Plaintiff’s bottle

Defendant’s bottle

• RKD’s client, GM Breweries, is the largest

manufacturer of ‘country liquor’ in India. All

its bottles are embossed with the ‘GM’ logo.

• Use of these bottles by the defendant was

injuncted, although the labels used by the

defendant on the bottles were entirely

different.

• Over 10 million bottles were seized and the

factory was sealed within a period of 11

days from date of initiating action. A decree

and permanent injunction was obtained. 9

GM Breweries vs The Sanjeevani S S K Limited (Bombay High Court)


Myth #4

Publication is more important than

patenting

• Instant recognition

• Cost is not an issue

• Academic, marketing & advertising journals, websites, blogs,

books etc. all count!

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Myth #5

IP is just a status symbol,

monetization is just a

concept

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• IP Audit

• IP Valuation

• Using IP Assets to obtain funding from financial institutions

• Selling, licensing, royalties


Myth #6

I cannot get patents for

software

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• Section 3 of the Indian Patents Act

• Technical effect of a computer implemented program


Myth #7Patent Searching? Why would I

need that? I am not filing any

patents right now…

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• Prior Art

• Patentability

• Freedom to Operate

• Invalidation

• Technology Maps

• White Space Analysis

• Informed R&D

• Setting company

objectives & strategy

• Budget & resources

allocation


THANK YOU.

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Protecting Your IPR (Intellectual Property) by Disha Dewan at eTailing India Expo'17

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