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Intellectual Property Rights Law in India
Most successful brands across the world are being cheated in the matter of Intellectual Property Rights. The most common violation is counterfeiting. The term “Intellectual Property” covers Patents, Copyright, Trademark, Designs and Technical Know How and so on and so forth. Counterfeiting bypasses the delivery and distribution of illegitimate products in legitimate packaging through legitimate channels. The result is Loss of Products quality, devaluation of consumer understanding of regularity and the loss of revenue and profit. Ingredients of counterfeiting can be summed up as to forge, to copy to imitate without authority and right, and with a view to deceive or defraud both consumer and producer by passing the copy or forged item as original or genuine. Thus, such goods cause diversion and confusion in the minds of consumers, and tend to eat into the originators market and the value of the manufacturer’s investment in Trademarks & Copyrights. The list of items being counterfeited is rather endless and ever growing. The Trademark Act, 1999 http://www.patentoffice.nic.in/tmr_new/first_schedule_forms/TM-1.pdf Copyright Act, 1957 http://copyright.gov.in/maincpract.asp Indian Patent Act 1970 http://www.patentoffice.nic.in/ipr/patent/patAct1970-3-99.html The Design Act 2000 http://did.nic.in/ipr/design/design_a_2k.pdf The Geographical Indications of Goods, GI Act, 1999 http://www.patentoffice.nic.in/ipr/gi/geo_ind.htm The Indian Custom Act http://www.cbec.gov.in/customs/cs-act/notifications/notfns-2k7/csnt47-2k7.htm The Drugs and Cosmetics Act,1940 http://cdsco.nic.in/html/Copy%20of%201.%20D&CAct121.pdf The Preventions of Food Adulteration Act. (As on01.10.2004) http://mohfw.nic.in/pfa%20acts%20and%20rules.pdf Consumer Protection Act.1986 http://ncdrc.nic.in/1_1.html |
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