Recently AAj Tak had nicely covered about the spurious medicines in the market based on which a no of raids were conducted and some famous duplicators were arrested. It is shocking to know that 33% medicines available in the market is spurious. The problem is not only in medicines but most of the day to day consumere items and food products being used by all of us and our famililes.The various laws to deal with this menace like Copyright, Trademark etc are most ineffective. Kindly suggest what action should be taken by the legal freternity in this regard.
I feel that there is no problem with the law but the problem lies with the implementing authority and the people at large. Except for a few pharmaceutical itmes which people cannot distinguish, there are several products in the market which each and every one of us knew. But we do not mind in buying these goods knowing fully well that the same are spurious. I feel that only education and awareness campaigns would reduce this menace.
I agree with what swetha says to some extent. As a matter of fact I had a personal experience. Recently, on coming to know that a proprietary concern in Nanjangud in Mysore district is manufacturing and selling spurious products affecting the business if one of my clients, who is dealing in an edible product under a registered trade mark, a complaint came to be lodged to the local DSP to take action against offender for falsification of trademarks. It was brought to the notice of the DSP the provisions of Section 115 of the Trade Marks Act, 1999, where under the DSP should obtain the opinion of the Trade Marks Registry about the falsification of trademarks before taking any action of seizure. However, the DSP though is fully empowered to do so, is not keen to register the complaint nor tried to get the mandatory opinion from the TM Registry. On the other hand he insisited for some court directions in this regard. It is really a shame that the police officers do not even bother about the statutory powers vested on them which results in perpetuating the crime.
I am glad that members are showing keen interest in this subject. It is strange that most of the poice officials at various levels are not clear on the copyright and trade mark acts. We have to supply them a copy of FIR of the previous Raid based on which they lodge our FIR.Sec 115 of TMA is not practicalble. The moment you approach the Trade Mark Registrar for his approval, the information will leak to the duplicator and nothing will be found at the target. The police at lower level of a particular area is already in league with the duplicators for obvious reasons. Most of our Raids are successful because we approach the SSP/SP of the area and do not divulge the actual target at any stage. We accompany the Raiding Party after ensuring that both the man and material are available at the spot. More suggestions are welcome.