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70IP Law SeriesAPRIL 2013Intellectual Property:Enforcement & ComplianceContinuing with our focus on IP enforcement and compliance, Lawyer Monthly speaks to Dr Mohan Dewan,the principal of R K Dewan & Co (RKD). RKD was founded in 1942 by Mr Raj Kumar Dewan and hascompleted over 70 years of committed and excellent service in the field of IPR. The firm has its head officein Mumbai, with additional branch offices in Delhi, Pune, Chennai and Kolkata. Dr Mohan Dewan has over40 years of experience in the field of Intellectual Property Rights and is a registered Patent & Trademarkattorney.Tell us about yourself, your role and your firm.RKD currently represents over 4000 corporate andindividual clients worldwide including several ofthe top Indian companies. Our clients come fromdiverse fields such as software, electronics &telecommunication, automobiles, mechanicalengineering, power sector, specialty chemicals,pharmaceuticals, food packaging technology,biotechnology, process equipment, academicinstitutions, scientific and research organizations andso on.RKD is actively involved in advising clients on everyaspect of IPR, including Patents, Trademarks,Copyrights and Design. The firm regularly handles IPRprosecution and litigation on behalf of its manyclients.How big an issue is IP theft in your country?Which sectors are most affected by it?Intellectual Property theft is a significant issue in India.IP theft involves violation of the major intellectualproperties: trademarks, patents, copyrights anddesigns. The most affected areas are fast‐movingconsumer goods, particularly garments, footwearand electronics. Other major areas are foodstuffs,pharmaceutical products, automotive parts andthe like. When it comes to patents, the drug andpharmaceuticals sector is most affected by IP theft.In the field of copyrights the most affected sectors arebooks and publications, films and music. As far asdesigns are concerned, the sectors most affectedare white goods such as washing machines andrefrigerators, luxury goods such as carpets and rugs,electrical fittings and implements.What rights does a company have if they suspectanother company is profiting from theirintellectual property?If a company suspects another company is infringingits intellectual property, in the case of trademarksand copyright, the violated company can exerciseremedies both under the civil as well as the criminallaw. Injunctions and seizures can be obtained andthe infringer/violator can be made to pay damagesand at the same time can be punished by fines andby imprisonment. In the case of patents and designsonly civil remedies are available.How can these rights be enforced?Patent & Design rights can be imposed by filing suitsbefore the appropriate courts or by filing complaintsbefore the police. In the case of trademarks andcopyrights, in addition to the aforesaid, a criminalcomplaint can also be filed before a Magistrate or aFirst Information Report (FIR) can be filed before thepolice.On the other hand, how can somebodydefend themselves and what are their legalrights if they are accused of violating acopyright/ trademark?Once suits are filed or complaints are lodged, thedefendant/accused can defend themselves on thevarious grounds available for defendants includingpleading invalidation of the intellectual property rightthat is sought to be enforced.What are the most effective brand protectionstrategies in your experience?The most effective brand protection strategy in Indiais a multi‐pronged strategy. This includes issuingcaution notices in the newspapers, sending legalnotices to infringers, visiting the infringers and makingthem aware of their wrong‐doing, selectively filingcivil cases and also filing criminal cases.What are the issues surrounding reputationmanagement? What challenges does thisbring?Reputation management is also an important areain which we work. Where individuals are involved,the civil remedies for defamation are availableboth under the civil as well as criminal law. Whencorporate reputation is involved, remedies will beavailable under the law of torts. The challengehowever, is the huge pendency of litigation in theIndian Courts which slows down legal proceedings,although lately the Supreme Court of India has laiddown guidelines for expediting intellectual propertycases.What are the penalties for IP theft?The penalties include heavy fines with escalation inthe case of repeated acts. Other penalties includeimprisonment and the confiscation of the impugnedarticles.Do you see any need for legislative changeregarding IP enforcement and compliance inyour country? Have there been any recentrelevant legislative changes?Not so much legislative change but what needs tochange is the mindset of the judiciary. Except in afew courts, violation of intellectual property is notconsidered as a very serious misdemeanor. Even inproperty matters, real property is looked uponby courts more seriously than intellectual property. Ibelieve the laws are strong and robust but thewill and spirit to implement them are feeble andlacking. LMContact:Dr Mohan DewanCell No. +91 98 2305 7535Podar Chamber, S. A. BrelviRoad, Fort, Mumbai‐400 001Tel: +91 22 6177 5300 / +91 22 2266 1662/+91 22 2266 3002Fax: +91 22 2265 0159Email: dewan@rkdewanmail.comrkd@rkdewan.comPune:Niti DewanEmail: niti_dewan@rkdewanmail.comNew Delhi:Mr Nirbhay Kumar BhardwajEmail: nkbhardwaj@rkdewanmail.com,delhi@rkdewan.comChennaiEmail: chennai@rkdewan.comwww.lawyer-monthly.com