November, 2008: Enforcement of IPR is done at three levels, viz. by customs at the border, by police, and by judiciary. The copyright laws and the trademark laws provide for criminal action where police authorities can intervene. In case of patent infringement and for enforcement of other IP laws only civic remedies are available by way of damages and compensation. Articles 51 to 60 of TRIPS provide for mandatory Border Measures. India has fulfilled its TRIPS obligations by framing guidelines of border protection for infringement of different IPRs including trademark, copyright and patent under ‘Intellectual Property Rights (Imported Goods) Enforcement Rules 2007’. Though the TRIPS require enforcement measure at custom level for copyright and trademark only, the said custom guidelines is more comprehensive and encompasses provisions for infringement of copyright, trademark, patents, designs
and geographical indications in conformity with the practice followed in European Union.

The IP right holder is required to give a notice for registration to the custom authorities for a period which may vary from one year to five years. The said regulations enable custom authorities to seize the infringed goods and help the IP holders from unfair competition of counterfeited goods. According to a study of International Anti-Counterfeiting Coalition (IACC), the annual value of counterfeited goods is approximately USD 350 billion in the international trade.

ITAG team is engaged in helping IP right holders by creating awareness, granting protection and enforcement of IPR. In its continuous drive for value based service to its clients and to the society at large it is organizing an international conference on IPR on 8-10 January, 2009 by building a partnership with its knowledge partner Sughrue Mion PLCC of USA. The conference will dwell on several important issues including IPR policy, patentability, enforcement, litigation and other important issues of technology transfer, due diligence, valuation etc. We fervently request all our readers, patrons and associates to participate in the said conference by registering in time as delegates or as sponsors. You may visit our website http://www.iprconference.com for details.

--Dr. D. R. Agarwal