In a move that appears to provide a promising opportunity for a lively and informed discussion on a subject that has been oft-neglected in the Indian IP scenario, the International Trademark Association (INTA) has decided to organize a roundtable conference titled ‘Trademark Issues for Inbound Investors into the U.S. and E.U. – A Comparative Perspective with India’ on October 20-22, 2009. The roundtable is certainly an attractive enabling vehicle for the participants to network and trade thoughts with their peers, compare and learn new strategies and address common issues and challenges facing the trademark and IP community, such as how to avoid the usual mistakes under the U.S. and E.U. trademark jurisdictions, what can be the valuable strategies to protect and enforce one’s trademarks and what can one expect in case a dispute results into a litigation. A tentative discussion agenda is as follows:
10:30 am – 11:00 am: Registration + Tea
11:00 am – 1:00 pm: Discussion
I. Introduction
Overview of systems (first-to-file v. first to use)
II. Registration of Marks
Why register and where? US—state v. federal; Europe—national v. CTM filings
Why search? US: what type of searches?, EU: tips on searching throughout Europe.
Registration of words in Hindi/regional languages
Registration of Indian surnames
Treatment of marks that may be well-known in India
What to expect at USPTO, OHIM and national offices in Europe?
III. Administrative Proceedings
Any advantages vis-à-vis litigation ?
Types
Brief overview of a proceeding, including evidentiary requirements.
Strategic considerations for Indian investors (costs, settlement, effective policing)
IV. Litigation and Alternative Dispute Resolution
Rights of local businesses
Venue issues
Brief overview of a trademark infringement lawsuit
Strategic considerations for Indian investors (costs, settlement, duration, etc.)
Any significant cases? (Bukhara, Grupo Gigante in the US)
Brief overview of ADR
V. Anti-Counterfeiting Issues
Brief overview of law
Strategies in anti-counterfeiting cases (bank accounts freezing, etc)
Customs recordation and effectiveness
1:00 pm – 2:00 pm: Lunch
The roundtable will be hosted by INTA in the 3 cities of New Delhi (on October 20, 2009), Bangalore (on October 21, 2009) and Mumbai (on October 22, 2009). Following are the links for the details of the programme schedule with respect to these 3 days:
October 20
October 21
October 22
Information relating to the speakers in the roundtable, of course, information varies in accordance with the location. For online brochures, one can see for New Delhi here , Bangalore here and Mumbai here for specific speaker information.
Reservations are to be accepted on a first-come, first-served basis, with 30 registrants being the standard limit for the session. The registration fee is US $40 per person and includes tea and a buffet luncheon. The fee is non-refundable upon confirmation of this registration by INTA. If a registrant is unable to attend, a substitute may be sent in his stead. Online credit card payment is the only acceptable method of payment.
Register for New Delhi on October 20 here
Register for Bangalore on October 21 here
Register for Mumbai on October 22 here
Questions or comments regarding the Roundtable may be addressed to INTA’s India Representative, Simran Daryanani at [email protected].
