Monday, August 13, 2007

Spurios Goods

Yedhulaprakash wrote on 10.08.2007:

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.

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