The border measures fiasco that we have blogged about here and here has definitely sparked off a debate in the EU as well as India as to what minimum standards may be imposed through the TRIPS and the EC as regards “in transit seizures”. In India, the standards we have adopted are embodied in the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. (The relevant circular on the same may be found here).
In the same vein, the India Task Force of the International Trademark Associations’ Anti-Counterfeiting Enforcement Committee for the Middle East, Africa and South Asia (MEASA) Subcommittee along with ASSOCHAM organizes an all day brain storming roundtable in New Delhi on the 20th of February, 2009 to help ensure that the Border Measure Rules enacted by the Indian Government “becomes an effective tool of enforcement against counterfeit imports and its proliferation in the market.”
The Session for the day begins after an introduction to the topic at hand followed by a key note address on the effectiveness of Border Measure Regulations. Following this, the first session commences on the topic “Enforcing IP at the Borders” which includes an indepth analysis into the Indian and other comparable international customs rules as well as an industry response to the same.
The second Session then focuses on the practical implications of the Enforcement of the Indian IP Rules 2007 as well as examining the lacunae in the law from the perspective of the practitioner and three different industries.
This event is in fact a culmination of extensive work by the MEASA Subcommittee of the INTA on practical issues concerning the application of the Intellectual Property Rights (Enforcement Rules) 2007. Based on the active participation of enforcement agencies, customs authorities, industry practitioners as well as Government Officials in this event, INTA hopes to give rise to useful suggestions for strengthening the enforcement measures against counterfeits and culminate in the presentation of a position paper to the Government.
The details of the event can be found here.