Introduction to Brand Protection in India

Brand Protection - The security measures and set of actions that are
taken with the help of strategies, laws, and tools to keep the reputation
of a brand safe by preventing it from different types of brand abuse.

Importance of Brand Protection in India

To defend the company's image and reputation - It took a lot of

time, effort, and money to build the reputation of a company and
make the brand famous.
To stop illicit trade - According to Global Financial Integrity Report
(2017), counterfeiting was the most lucrative crime ($923 million to
$1.3 trillion). Many crimes like prostitution, human trafficking,
illegal trade, and drugs are some allies of counterfeiting.
Protecting Customers - Customers are the real victim. They are
spending their hard-earned money to buy something from a brand
they are trusting but in return getting some cheap counterfeit
products.

Challenges Faced by Brand Owners in India

Preserving the Reputation of the Brand - It took a lot of time to

build the reputation of the brand and only some counterfeit
products and rumors can distort its image.
Deal with counterfeiters and Brand Abuse - Cases related to IP
Laws infringement are given less importance in India, also
technology is developing day by day which makes it tough for the
company to deal with brand abuse.
Commercial Loss - perpetrating brand abuse in an attempt to grab
sales for a competitor’s product and also to harm brand reputation
that will result in direct loss of income.
Slow Litigation Process - First gathering information and
intelligence for raids and then conducting raids is a long-way
procedure and after that courts take too much time to resolve a
matter.
Some steps that can be taken to strengthen and improve brand
protection in India

Register your trademark: Registering your trademark is the first

and foremost step in protecting your brand. You can register your
trademark with the Indian Trademark Office to ensure that your
brand is legally protected.

Monitor your brand: Keep a close eye on your brand and monitor
for any infringement or misuse. You can hire a brand protection
agency to monitor and report any instances of infringement.

Enforce your rights: If you find any instances of infringement, take

action immediately to enforce your rights. You can send cease and
desist letters or take legal action against infringers.

Educate employees and partners: Educate your employees and

partners about the importance of brand protection and train them
on how to identify and report any instances of infringement.

Use technology: Use technology to your advantage by using tools

that can help you monitor your brand online, such as social media
monitoring tools and search engine alerts.

Build strong relationships with stakeholders: Build strong

relationships with stakeholders such as suppliers, distributors,
and retailers to ensure that they are committed to protecting your
brand.

Stay updated on laws and regulations: Stay updated on the latest

laws and regulations related to brand protection in India to ensure
that you are always in compliance and taking necessary measures
to protect your brand.

Actionable Intelligence for Brand Protection Activity in India

Information about the supply chain - The end-to-end supply chain

is the engine that makes a company run. if the supply chain does
not execute well, in any dimension, it can negatively and
 permanently damage the brand's name. It is crucial to know about
the supply chain.
Intelligence about counterfeiters and infringers - Modern and
effective technology determines your ability to detect and tackle
infringers. Innovation is a must in this digitalized global counterfeit
industry. Gathering intelligence about counterfeiters takes you a
way ahead of them.
Market trends and demands for specific products - By
understanding the market trends, one can distinguish what makes
sense for the business. It is important to keep up to date with the
demand for specific products. Focused analysis helps you adapt
and stay competitive in any rapidly changing business
environment.
Information about the local laws and regulations - Knowledge of
local laws and regulations helps to counter infringers, protect
brands, and also gives an advantage in obtaining search and
seizure orders from the court.

Pre- investigation steps before conducting a raid for Brand Protection

1. The first step before conducting a raid is gathering intelligence

and evidence to know the location, where counterfeiting is being
done, and evidence to prove it before the court.
2. The second step includes hiring a local lawyer there for obtaining
a search and seizure order from the court because one can't
conduct a raid without permission.
3. The third step is working together with local authorities to conduct
raids on time and nab the infringers red-handed with counterfeit
goods.
4. The fourth step is preparing the raid team. The team possesses
well-trained members who have experience in conducting raids.
5. Fifth and the most important step is ensuring safety and security
measures are in place. Police are responsible here to provide
security but checking all these things before conducting a raid will
be reasonable.

Role of Police and Judiciary in Brand Protection Activity in India

Role of Police
After getting intelligence about infringers and evidence collection,
getting a search and seizure order from the court, and organizing the
raid team. Collaboration with the police is necessary. The role of the
police is to conduct raids where the infringing counterfeit goods are
stored, and seizure of counterfeit goods, ensuring safety and security
measures during the raid.

Role of Judiciary

Providing civil and criminal remedies is in the hands of the judiciary.

Giving search and seizure orders to the police. The role of the judiciary
is adjudicating disputes and enforcing IP laws. The aim is to punish the
infringer and provide relief to the brand owner.

Importance of collaboration between Brand Owner, Police, and Judiciary

When the brand owner collaborates with the local police, it will be easy
to prepare the raid team and conduct raids on time. It's necessary to
grab infringers on time because they can run away with the goods or
transfer them to any other place difficult to spot. It will also benefit the
police as they will not have to gather information and get intelligence
about the crime being done with evidence. A court can grant a search
and seizure order to stop the ongoing violation of law and can also grant
civil remedy as the issue of the injunction.