The Delhi high court (HC) wants Intellectual Property Rights (Imported Goods) and Enforcement Rules, 2007, and Customs Act, 1962, implemented in letter and spirit, so that overseas sly operators can be stopped from cashing in on the goodwill and reputation of established Indian brands and duping consumers.
Such operators export a variety of products of daily use, including mobile phone chargers. The goods packed in cartons boldly bearing registered trademarks of Indian companies are offloaded at ports and released to wholesalers and ultimately into the market.
Larsen and Toubro (L&T), which sells a variety of electrical goods, found a cell phone charger bearing its logo being sold in Bihar’s Muzaffarpur, and moved HC demanding a ban on its Chinese manufacturer, Leuci Communications, from selling the product under its registered trademark.
Leuci Communications remained unrepresented as it couldn’t be officially informed about the court proceedings that lingered on for four years. In any case, the company operates from a country which can’t be governed by the Indian law.
In the face of such a peculiar situation and also in the interest of the poor Indian consumer, HC underscored the various provisions of Intellectual Property Rights (Imported Goods) and Enforcement Rules, 2007, and Customs Act, 1962, which work for checking the inflow of pirated goods.
Justice VK Jain directed the authorities to ensure that pirated goods that violate Intellectual Property Rights and Trade Mark Act are not allowed in the country.
HC restrained the Chinese company from manufacturing, selling, exporting, distributing or marketing any mobile charger using the registered mark/logo LT (in a circle). It directed the authorities to destroy within eight weeks all chargers and packaging bearing the registered mark/logo of L&T and awarded the Indian company damages of Rs50,000.
