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colshri (n/a)     19 September 2007

Intellectual Property Rights

Hi Friends.

I have a vast experience in conducting Raids on spurious goods. I wish to share my experience by giving you all the procedure to conduct as a Raid.:-

1.   Always take some time for investigation and try and reach the source ie Manufacturing unit for the material inside and printing press for the packaging. Thus you will be able to cut off the supply chian.

2.   First of all procure the sample and have a lab test done to make sure that material is spurious and the packaging is counterfiet. Get a report of an expert.

3.  Go to the SSP/SP of the area and give him a written complaint without giving the exact location. Give only the Police Station under which the target falls. Request him to call up the OC Police Station to conduct the Raid.

4.  Give a written complaint to the OC Police Station without giveing the exact location and attach the copies of Authority Letter/ Power of Attorney from the Manufacuring Company and  the Copyright Registration Certificate. Tell him that you would be accompanying the Raiding Party and lead them to the target.

5. Make sure that the Man (Owner) and the Material (Spurious Goods) are present/available at the Target at the time of Raid. 

6. Make sure the police arrests the owner and seizes the goods. The arrest memo and the seizure list must be prepared on the spot which should be signed by the police, accused , independent witness and the complainant. Ensure that the arrested person and the seized material is taken to the police station at the earliest.

7. All the documentation should be completed at the police station and collect copies of FIR and seizure memo the same day/ next day.

8. Help the police in their investigation to get maximum information about the network in which the accused was carrying our the illegal work. Police has 24hrs only for this.

9. The accused has to be produced before a magistrate within 24 hrs in the court. Make sure to oppose any bail application by the accused.

10. Request for PC (Police Custody) in case of any further investigation is required  so that maximum information is collected from the accused. It will be difficult to get the accused once he is sent to JC (Judicial Custody).

11. Remeber that such cases are between the accused and the State. You have to work through the PP (Public Prosecutor) only.

12 All cases should be charged under Sec 63 of the Copyright Act and IPC Sec 420. In case of Trade Mark Act you have to follow Sec 115 which I will not advice as it is combursome and the information is invarably leaked out.

Hope the above is useful for those lawyers who are dealing the IPR Cases. You can write to me at [url=mailto:colshri@rediffmail.com]colshri@rediffmail.com[/url] for any clarification, suggestion etc.

All the best

Col M Shrinivas 




 1 Replies

Prakash Yedhula (Lawyer)     19 September 2007

[font=""trebuchet ms""]Very vital information. As you said correctly, the procedure envisaged under section 115 of the Trade Marks Act is cumbersome. By the time, the police oficials get the opinion from the Trade Marks Registry, the infringer becomes vigilant as news of the complaint lodged against him reaches him through the very same police and he  shifts his stock and machinery to some other place.  This procedure has to be dispensed with.[/font]

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