1. Sheetal Talwar - DGM – Legal
ASSOCHAM's National Summit & Awards on FMCG.
October , New Delhi
Sheetal Talwar - DGM – Legal
(Heading Verticals - Consumer Products, Innovation, IPR)

2. We create
Living Industrial Farm Essentials

3. Points Covered: Counterfeits What is at stake Protection of IPR
Tata Chemicals' Recent Enforcement Actions
What should one do
Some legal stuff….

4. Counterfeits …………..What is at stake?
Kinds of infringement - Look Alike (look and feel), Fakes and Counterfeits – Passing off, Infringement of TM and CR
Ill Health, Reputation (goodwill) loss, Customer Faith and Loyalty, Revenue Loss for the Country, Sales Loss

5. Protection of IPR: Do we advertise enough?
Do we put the right Symbols? ® © TM
Do we check the authority that we give our trade partners – limited use?
Have we taken enough care to make it unique?
Registration – Statutory Protection; has it been initiated?
Product Literature and identification training; created awareness?

6. Tata Chemicals…..How we did it this time!
Pre raid templates
Seizure quantity
Conduct raids, locations (areas, Jurisdiction)
Strategy and decision
Proceed
Police

7. How: Information of the whole chain:
Investigations at our end:
Information from the trade, sales team, investigating agencies;
On the information provided; confirm whether violation or not
Strategy – Involve FSSAI, LM, What kind of action, Civil/ Criminal
Agency – involvement of Company minimal.
We Should :
Get the details as to where has the counterfeit product been noticed
Find out about the manufacturer, printer, packer, stockiest, whole seller, distributor retailer and the transporter (from where)
Find out in case the empty packets are being sold separately.
Create Evidence - Retain invoices, mock purchases with valid bills.

8. Tata Chemicals….. F.I.R. and Seizure List

9. Tata Chemicals….. Material Seized

10. Tata Chemicals….. Material Seized

11. Tata Chemicals….. Press….
Packets of counterfeit Tata Salt seized – The Times of India
In a crack-down on manufacturers of spurious salt police recovered large quantity of fake "Tata salt" from Kharagpur. Several raids were conducted on receiving specific complaint from Tata Chemicals. According to police those involved in the racket were manufacturing salt, used the Tata Salt package it before distributing it in the market. Raids were conducted in places including Kharagpur town, Mayna and Kharagpur rural on three different days. After huge quantity of the spurious salt was seized , FIR were lodged against those racketeers. Spokesperson with Tata Chemicals said that the organization is pursuing the issue with the help of the police to stop circulation of counterfeit Tata Salt. Police is interrogating some dealers to find more on such rackets.
Press release; always better.
Information in the news papers
Sales Team to be kept away

12. LEGAL REMEDIES: Injunction/stay Damages
Accounts and handing over of profits
Appointment of local commissioner by the court for custody/sealing of infringing material/accounts
Recent trends

13. LEGAL REMEDIES:
Criminal complaint - chief judicial magistrate/chief metropolitan magistrate of the concerned jurisdiction
Leading evidence w.r.t. the infringement of the trade mark
Filing of application for issue of search and seizure warrants
Orders/directions by the Court to police for the search and seizure of infringing material.
OR IN ALTERNATIVE - Direction by the court to police for investigation, lodging of an FIR and search and seizure.
OR IN ALTERNATIVE - Filing a Complaint
Concepts: Anton Pillar, John Doe (search and seizure, anonymous)

14. RECAP……………. Counterfeits What is at stake Protection of IPR
Tata Chemicals' Recent Enforcement Actions
What should one do
Some legal stuff….

15. THANK YOU