1. ASIAN PATENT ATTORNEYS ASSOCIATION Recognized Group of India, Report to the Anti-Counterfeiting Committee 50 th Council Meeting in Fukuoka, October 25, 2004.

2. Presentation by A.A. MOHAN & HEMANT SINGH

3. Trademark infringement  Use of identical or similar mark in respect of same goods/services or same description of goods/services;  In respect of identical marks and identical goods/services. The Court shall presume that misusers’ mark is likely to cause confusion on the part of the public – statutory recognition.

4. Trademark infringement  Use of registered trademark or similar mark as trade name/part of trade name/name of business concern amounts to infringement.

5. Trademark infringement  Use on goods;  Use on packaging, offering goods for sale – retail dealers.  Imports or exports goods under the mark;  Use of mark on business papers or on advertising;  Any advertisement taking unfair advantage or is contrary to honest practices in industry and commerce.

6. Reliefs in suit for infringement  Suit can be filed where plaintiff resides or carries on business;  Order for injunction;  Damages or accounts for profits;  Delivery of infringing labels and marks for destruction or erasure.

7. Trademark – Criminal offence  Use of identical or similar mark on goods or services or package containing goods;  Cognizable offence with imprisonment for a term not less than 6 months but may extend to 3 years AND  Fine not less than Rs. 50,000/- (1000 US$) but may extend to Rs. 200,000/- (4000 US$);  On second and every subsequent offence infringement not less than 1 year but may extend to 3 years AND  Fine not less than Rs. 100,000/- (2000 US$) but may extend to Rs. 200,000/- (4000 US$).

8. Trademark – Criminal offence  Police officer not below the rank of Deputy Superintendent of Police on receipt of opinion from Registrar of Trademarks on facts involved in the offence can  Search and seize without warrant the goods, dies, blocks, machine plate, other instruments or things involved in committing the offence.

9. Trademark – Criminal offence  When accused is convicted or is acquitted on proof that he acted without intend to defraud the goods seized can be forfeited by the Government and destroyed.

10. Patents  In suit for infringement of patent the court can grant injunction, damages or an account of profits.  The court can also order for seizure or planted machinery used for creation of infringing goods, forfeiture of the seized plants and machinery, destruction of the same.  Without payment of any compensation to the infringer.

11. Patent infringement  If a person falsely represents that any article sold by him is patented in India or is subject of a patent application, he shall be punishable with fine which may extend to Rs. 10,000/- (200 US$).  Any persons who uses the word PATENT OFFICE or any words creating an impression that his place of business is connected with PATENT OFFICE, he shall be punishable with imprisonment for a term of 6 months or with fine or both.

12. Copyright  Infringement of copyright – Civil suit can be filed.  Relief includes injunction, damages or account of profits;  Infringement of copyright is a cognizable offence. Punishment for a term not less than 6 months but may extend to 3 years.  Fine – not less than Rs. 50,000/- (1000 US$) but may extend to Rs. 200,000/- (4000 US$)

13. Criminal Action  Police officer not below the rank of Sub Inspector is authorized to search and seize plates, copies of work.  Knowing use of infringing copy of computer program is an offence with imprisonment for a term not less than 7 days but may extend to 3 years.  Fine – Not less than Rs. 50,000/- (1000 US$) but may extend to Rs. 200,000/- (4000 US$).

14. Data  Enforcement Branch of Kolkata Police seized more than 100,000/- fake school textbooks of the West Bengal Board of Secondary Education of value over Rs. 3,000,000/- (approximately more than 600,000 US$).  Pirated versions of the famous painter M-F Hussain’s movie Meenakshi – a tale of three cities seized in huge quantities at Kolkata.

15. Chennai – 2003  Cases reported -594  Persons Convicted – 235  Persons Acquitted – 1  Pending cases – 357  Value of Goods Seized – Rs. 41,504,230 (Approximately about 1 million US$)

16. Chennai – 2004 upto July 2004  Reported cases -711  Persons convicted -128  Persons Acquitted-NIL  Cases pending -557  Value of goods seized approximately Rs. 66,102,890/- (approximately 1.5 million US$).

17. Chennai – August 2004  Number of cases reported – 145  Value of goods seized Rs. 20,980,925/- (approximately 0.5 million US$)

18. Delhi – 2001, 2002, 2003 & 2004 upto 12 th September 2004 2001 2002 2003 2004 (September)  FIR 57 123 136 76  Persons arrested 136 217 187 117  Value of goods recovered ( in Crores ) 47 55 63 43

19. Cyber Crimes Reported in 2003  Hacking -3  Electronically transmitting obscene mail and object – 1  E-mail abuse – 15  E-mail scoffing – 6  E-mail threat – 1  Sending obscene message over SMS – 2  Posting defamatory profile on the net – 4