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Language: en-IN

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a very warm welcome in module 4 of week six of the
course intellectual prop property disputes code

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practices and enforcement now in the previous like
in this week we are talking about a trademark and

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we have already dealt with her the infringement
and passing of the differences we are very well

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aware about we have also gone into details
about the trademark dilution we have got the

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idea about a cyber squatting domain names right
then counterfeit and the issues related to that

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we have seen and then the one more that is
the protection against unjustified there

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trats there is another issue probably trademark
owner my pH and then also we have gone into the

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details about the Civil remedies right different
injunction orders damages okay so we have gone

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into the details of that now we will move further
and we will just check here we are going into the

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details about the criminal remedies now when we
are talking about a criminal remedies section one3

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and 104 of the Indian trademarks act we have to
go into the details of that next is like a section

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1154 of a trademarks act and then we will also
refer to the bhattia nagar suraa Sita okay section

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93 of that btia nagar suraka s or a bnss we will
going to refer that now when we are talking about

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this criminal remedies what is happening that
complaints about the criminal sanctions for a

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tradmark offenses you can file under this section
103 and 104 as per the trademark act that is a

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case now this sections we can say the outline
that various offenses which are related to the

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falsifying trademark possessing that instruments
for falsifying trademarks other related acts which

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are causing this particular trademark infringement
now the maximum punishment for filating this

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Provisions is almost like a three years INF reason
m is there right now these offenses are considered

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as a cognizable offenses so whenever you are going
to file the complaint directly with the Magistrate

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Court you can do that thing empowering the police
to conduct the raids investigations and arrests as

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necessary so police is empowered to do the rids
and they can do the investigation and they can

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arrest if necessary the the the criminals the
individuals who are involved in such particular

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activity the complaint we can say that the
complaintant Bears the responsibility that is

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very important that the responsibility is with
the complainant to prove that the seized goods are

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a counterfeit and these are a deceptive that is
very very important so in trademark he has to the

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trademark owner has to prove that there is a like
a it is a counterfeit product so how is it counter

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it's original product of that trademark right so
he has to prove or she has to prove yes there is

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a infringement happen and it is a counterfeit
product it is not the original product so that

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proof is there and after that probably that is
very important obviously because you are like

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a doing red you are investigating and you are you
have a capability or that arresting of that

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particular person can happen so we have to be
very responsible when such kind of action you are

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initiating because you are like a sometimes if it
is not true defamation case can be filed against

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you and the damages can be demanded for that
particular thing so we have to be very careful in

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such kind of a situations so unless until you are
sure unless until you are like a confident that

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this is a counterfit product you cannot do this
particular activity when we are talking about a

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section 1154 of the ACT so what it happens that
it gives a power to the police regarding search

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and cesure so the police obviously sub inspector
and above level they can enter into the premises

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of that suspected infringement where probably
happen in that premises they can go and they can

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search and seize that particular products okay so
that that kind of arrangement is there statutory

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provision is there so that is there now
sometimes it is what happens that the the when

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you are doing such kind of a Caesar activity you
are doing the you are entering into the premises

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and you are confiscating you are like a you are
getting the charge of that counterfeit products

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right which whatever it may be so certificate of
opinion from the regist regist is a cgp DTM okay

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so it is expected that you are initiating that
action but in one of the case it is said that

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no sometimes that that you may enter without
so we will just share that case law but as

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per law it is previously it was like said that
you should take the that certification from

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the register because why this is M mandatory
that the trademark owner should prove that they

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he is really owning that particular trademark so
what is a prim ays proof Prima fysic proof is a

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that cgp DDM offering that particular regist that
certificate of a trademark registration right so

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whenever you are doing the trademark registration
you are receiving that certificate that is a prim

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off evidence of the you are the owner of a
trademark so unless until that is shown to

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the police police will not believe on you that you
are the real owner for that particular treadmark

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so it is always like expected so this may ask
you to give that particular certificate and but

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sometimes in certain cases may happen that
you may not get the access so in certain cases

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if genuine reason is there at that time without
that certificate also police can take action so

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that is the situation but it is good that
if any action you are going to take about

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this procedure better you should have your
certificate with you whenever you are going

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to police station if it is not there you have to
give reasoning a genuine reason why you are not

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having that particular that certificate so that
is very much we can say the important situation

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you have to now in cases where obtaining that
regist opinion is not visible that that and you

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you because you have to initiate the search
search warrant can be directly obtained from

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mean see now the situation it's like a you you
got the information that somewhere the counterfeit

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product is there now within a particular period
you have to take action otherwise there will be

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manipulation about the that particular counterfeit
product so you have to take a immediate actions

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now if you are not able to get that register's
opinion it is not visible sometimes okay so what

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you can do you can take a get a search warrant
directly from the magistrate under the section

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93 of the criminal procedure that is a bhan
naric suraka okay so you can under Section 93

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you can immediately contact magist that go to the
magistrate and then you can take that or search

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warrant and with that search warrant you can enter
into the premises so that and then you can take a

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charge of that particular counterfeit product so
that in that case in that way the section 93 of BN

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is important because that is giving you the right
to enter into the premises by taking a search

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warrant now it deals with obviously the provisions
related to summons and warrant section 93 and

00:08:12.400 --> 00:08:16.640
through that you are getting that particular
that search warrant and you are entering into

00:08:16.640 --> 00:08:22.560
the now this particular case that there was
a case actually S Electric versus a state of a

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DHI regarding this particular search and Caesar so
what happened that validity of a search and Cesar

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order issued by the magistrate was a challenged
on the grounds that it is bypass the requirement

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to obtain the opinion from the register so that
was the case that in the Delhi High Court

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and here the they have like a challenge the
party defendant have challenged the decision that

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without the taking registar opinion you have
enter into the premises by taking that search

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warrant and you have done that thing okay so that
was the situation now section 115 of the ACT

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gives this Authority considering the trademark act
okay now Delhi High Court rejected this contention

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and stated that section 93 of that bnss okay bhaka
that can be if you if you have like taken order

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from the magistrate you have that Authority so in
so what in such a means therefore I have just told

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you that it is a genuine reason is there and then
you have taken the another measure and you have

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a search warrant with that search warrant you are
entering into the premises at that time register's

00:09:33.480 --> 00:09:40.520
opinion is not at all required you can with that
search warrant you can do the that activity

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which is like a infringement activity happen you
are taking the measures confiscating or seas and

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the seizure order seizure activity you can do with
that okay so in all this situation obviously the

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officer the sub inspector who is like initiating
that action he should satisfy with the offense

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that has been happened and that you are giving
that clearcut indication evidences regarding that

00:10:06.800 --> 00:10:13.000
obviously then only officer will initiate the
action so obviously very precautious the

00:10:13.000 --> 00:10:19.000
action will be initiated okay so obviously that
is the kind of a situation now next actually

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you can just check here administrative measures
so criminal measures you have just seen that TI

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section 115 is there 993 is there of bnss and
you can initiate the action in crime is what help

00:10:31.120 --> 00:10:36.280
of police you are taking immediately taking
charge of that and then you are taking the

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action immediately okay and obviously arrest
police can arrest the individuals who have

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involved in this particular activity so and it
is a cognizable so once you give the give the

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complaint obviously sub inspector have to come
and he has to initiate the action so that is a

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situation now administr repes now what are
the administrative rep that remedies are

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there oppos these are like whenever the procedure
prosecution part whenever you are filing the like

00:11:06.240 --> 00:11:11.640
trademark at that time you can just you have
to be keeping you have to keep eye on the new

00:11:11.640 --> 00:11:16.480
registrations which are happening so opposition
against a similar or deceptively similar Mark

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you can you have that Authority you have
that opportunity also obviously rectification

00:11:22.560 --> 00:11:29.440
of a registered Mark that is a one and then the
you can control the Import and Export of a Goods

00:11:29.440 --> 00:11:35.160
with the Customs act okay so that the these
are the administrative remedies are there so

00:11:35.160 --> 00:11:40.880
when we are talking about the section 181 of a
Indian trademark act it outlines the procedural

00:11:40.880 --> 00:11:46.160
requirement for that registering trademark when
we are following the registration what that

00:11:46.160 --> 00:11:51.320
registration procedure of treadmark is there you
will do first search you will see novelty aspect

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some nobody have like filed treadmark that similar
to this particular trademark you will do that and

00:11:57.800 --> 00:12:03.800
then you are going to file your trademark with
TMA and then the obviously the examiner will

00:12:03.800 --> 00:12:10.400
do the examination and if he satisfies then
publication is there and after publication

00:12:10.400 --> 00:12:17.400
what will happen that if anybody is like agreed
because of that okay or if they feel that this

00:12:17.400 --> 00:12:23.320
Mark is similar to the already registered Mark
opposition can be filed okay so objection may be

00:12:23.320 --> 00:12:28.720
raised under various sections of the ACT okay so
once that objections will be there obviously the

00:12:28.720 --> 00:12:34.400
procedure will be followed the the proprietor who
is seeking registration he then must respond to

00:12:34.400 --> 00:12:39.880
the examination report issued so examination
report like a obviously that opposition the

00:12:39.880 --> 00:12:47.080
details will be given to that proprietor passed
to that him he has to reply on that that justify

00:12:47.080 --> 00:12:53.320
that this is opposition what is your like take on
this he has to justify that within a limited time

00:12:53.320 --> 00:12:59.200
right so it's generally 4 months time is there
for the in the gazet that particular Mark will

00:12:59.200 --> 00:13:04.760
be published within 4 months you have to kind of
if somebody have any issue with the registration

00:13:04.760 --> 00:13:11.880
of that trademark the or any trademark holder
already holding some trademark they can oppose

00:13:11.880 --> 00:13:18.240
the that particular procedure that registration
of that trademark and then obviously that

00:13:18.240 --> 00:13:26.640
opposition proceedings will initiate and after
satisfactory reply from the proprietor who has

00:13:26.640 --> 00:13:33.160
now in process of filing register ing that
Trad Mark then only the obviously hearing will

00:13:33.160 --> 00:13:39.000
be there and then the registration but if similar
Mark is there obviously that Mark will be rejected

00:13:39.000 --> 00:13:45.520
obviously it will not be registered so this is
like a one we can say the remedy like a opposition

00:13:45.520 --> 00:13:53.160
you are filing which is against the similar and
deceptively similar trademark okay so that that

00:13:53.160 --> 00:14:00.360
procedure is one administrative remedy so before
like actually getting that trademark register you

00:14:00.360 --> 00:14:08.920
are taking action on this particular registration
so that is the situation okay now here one more

00:14:08.920 --> 00:14:15.160
thing probably we have to go into the details that
Supreme Court has given a guidelines about the

00:14:15.160 --> 00:14:21.280
concept of deceptive similarity between two marks
so that guideline is very important actually so

00:14:21.280 --> 00:14:29.360
Court emphasized that this assessment does not
necessitate a a physical comparison of the mark

00:14:29.360 --> 00:14:35.600
side by side please listen carefully so what
Supreme Court says that it suggest that you

00:14:35.600 --> 00:14:43.560
are not just checking the side by side physical
comparison that the mark of the that the who

00:14:43.560 --> 00:14:48.880
sober have opposed probably he's already having
registered Mark so that fellow and then the new

00:14:48.880 --> 00:14:55.680
fellow proprietor who is like in the process of
filing his or her trademark or the entity what

00:14:55.680 --> 00:15:01.680
what whosoever may be so don't do only physical
examination so what exactly then instead the key

00:15:01.680 --> 00:15:08.120
consideration is whether an individual of a
average intellect and a memory average that

00:15:08.120 --> 00:15:14.240
very important word average intellect person or
individual with average intellect and average

00:15:14.240 --> 00:15:21.800
memory we have to take into the consideration such
consumer okay and then you have to just check that

00:15:21.800 --> 00:15:28.040
typical imperfection in memory that would
recall the defendant treadmark so whether such

00:15:28.040 --> 00:15:34.600
a consumer if there having average intellect
and memory whether he or she that individual

00:15:34.600 --> 00:15:41.040
is recalling the defendants trademark so plenti
trademark is there and a defendant trademark is

00:15:41.040 --> 00:15:48.240
there and whether the the average consumer we
can say average intellect and memory that is

00:15:48.240 --> 00:15:53.800
very important that consumer is recalling the
defendant treadmark so that test Supreme

00:15:53.800 --> 00:16:00.400
Court has suggested actually okay so evaluation
encompasses both visual and phonetic resemblance

00:16:00.400 --> 00:16:07.320
between the defendant Mark and the plenti mark so
that visual impact phonetic impact both is taken

00:16:07.320 --> 00:16:13.360
into the consideration fonetic in a sense the
pronunciation of that particular if it is a word

00:16:13.360 --> 00:16:19.440
Mark or like so how exactly it is displayed that
visual impact and how it is like a phonetically

00:16:19.440 --> 00:16:26.960
if it is resembling right that Pizza Hut pizza
so that H additional H is there so little bit

00:16:26.960 --> 00:16:33.360
like a phonetic like resemblance is there so
there are so many cases with that that single

00:16:33.360 --> 00:16:39.680
letter in the world is like manipulated in such a
way so that phonetically it gives a similar kind

00:16:39.680 --> 00:16:47.560
of we can say the effect so both we have to
take into consideration so that we we can say the

00:16:47.560 --> 00:16:53.200
the guideline of Supreme Court is a very very
important when we are discussing about the that

00:16:53.200 --> 00:16:59.760
trademark of a defendant and trademark of a plenti
at any stage okay now the next is a rectification

00:16:59.760 --> 00:17:05.480
of a registered Mark so individuals who feel
agreed by the registration of a trademark can

00:17:05.480 --> 00:17:11.400
seek the rectification removal or cancellation of
the Mark if they believe it infringes upon their

00:17:11.400 --> 00:17:17.240
exclusive right so that rectification sometimes
what happen that in the opposition procedure

00:17:17.240 --> 00:17:23.120
probably you have not taken the action
so rectification also that is possible that

00:17:23.120 --> 00:17:29.280
infringement if they feel so this may occur if
the Mark is like deemed u in inappropriate wrongly

00:17:29.280 --> 00:17:36.240
registered expired or registered without proper
comparison so all this kind of a situations are

00:17:36.240 --> 00:17:42.240
there and act outlines the procedure for
rectifying such omissions or errors okay

00:17:42.240 --> 00:17:48.280
so through this way you can kind of initiate the
action and you can Rectify that and the last one

00:17:48.280 --> 00:17:54.280
is like a Import and Export of a Goods bearing
that infringed trademarks obviously section 11 of

00:17:54.280 --> 00:18:00.080
a customs act empowers central government to
enforce this restriction and that import or

00:18:00.080 --> 00:18:07.200
export of such a good is obviously controlled
so Goods to which are like to be infringed are

00:18:07.200 --> 00:18:14.120
subject to the confiscation and custom officers
are authorized to conduct raids perform x-ray of

00:18:14.120 --> 00:18:20.720
individual and search and seese that suspected
that counterfeit product they can do that

00:18:20.720 --> 00:18:26.920
particular thing okay so they have authority
to arrest individuals also who are doing this

00:18:26.920 --> 00:18:33.200
counterfeiting activities so whenever police is
involved or whenever custom officers are involved

00:18:33.200 --> 00:18:38.480
this criminal remedies actually right and then
the administrative remedies so criminal remedies

00:18:38.480 --> 00:18:43.360
of police is involved so they definitely have the
right to arrest the individuals who are involved

00:18:43.360 --> 00:18:49.520
in such activity here it is Administrative remedy
first is with the registry in the registry what

00:18:49.520 --> 00:18:54.680
will happen if there is a like opposition
procedings or then the rectification will be

00:18:54.680 --> 00:18:59.920
there but here if it is a counterfeit and it is
like a custom officer is involv they can have

00:18:59.920 --> 00:19:06.400
they can arrest the individual so that is the
situation okay so it will it is going towards

00:19:06.400 --> 00:19:12.360
little bit we can say the serious situation so
that may happen if there will be the there

00:19:12.360 --> 00:19:18.680
will be the counterfeiting and then the it is a
crossborder like importation or exportation of

00:19:18.680 --> 00:19:24.600
that particular code is happening okay so we will
take a break now just watch this video all right

00:19:24.600 --> 00:19:28.720
let me start by reading from the article and you
can always find the link in the description below

00:19:30.120 --> 00:19:39.800
Katie Perry sued by Australian designer Katie
Perry over trademark Katie Perry and Katie

00:19:39.800 --> 00:19:47.520
Perry so one with a Y the other one with an ie who
both have a clothing line will go head-to-head in

00:19:47.520 --> 00:19:56.480
a David and Goliath fight all right singer Katie
Perry is being sued by Australian fashion designer

00:19:56.480 --> 00:20:04.840
Katie Perry for trademark infringement describing
it as a real David and Goliath fight Miss Taylor

00:20:04.840 --> 00:20:11.880
said the singer has ignored my trademark and
continued to sell infringing Goods unlawfully in

00:20:11.880 --> 00:20:20.920
Australia okay moving further now You can just
check now the okay we understood that criminal

00:20:20.920 --> 00:20:27.440
remedes similar remedies are there then
administrative remedies are there okay so now that

00:20:27.440 --> 00:20:36.040
defense party what defense parties can give if
they have done that infringement or a passing off

00:20:36.040 --> 00:20:41.880
so we should know that means party probabbly means
we should if you are agree with party and you are

00:20:41.880 --> 00:20:48.920
a plen you you should be prepared that defendant
will bring this particular like defenses so

00:20:48.920 --> 00:20:55.800
you should be ready with the counter action or
counter plan to move further if any of this

00:20:55.800 --> 00:21:01.280
particular we can say the defense come so what
the defenses that that is a delay and lges so what

00:21:01.280 --> 00:21:07.320
is the meaning of that a delay in initiating the
legal action it does not automatically disqualify

00:21:07.320 --> 00:21:14.000
the agreed party from obtaining relief but if
the delay prejudices the defendant the court may

00:21:14.000 --> 00:21:20.640
consider it when deciding the injunction so that
is the kind of a situation that limitation

00:21:20.640 --> 00:21:26.560
period is there you are crossing so we are aware
about that limitation period for in every every

00:21:26.560 --> 00:21:32.600
case any of the Cod proceedings you have to
follow the limitation period so here also if

00:21:32.600 --> 00:21:39.040
you are delaying the action obviously you are not
losing on the that disqualifying but you have

00:21:39.040 --> 00:21:45.120
to kind of justify that delay and then only Court
will consider because injunction orders and all

00:21:45.120 --> 00:21:51.840
maybe there will be issue with that okay next is
acan now now acan refers to the course of conduct

00:21:51.840 --> 00:21:57.640
inconsistent with the claiming exclusive right
to a trademark so if a trademark owner does not

00:21:57.640 --> 00:22:05.000
contest huh the validity to use a trademark for a
continuous period of 5 years they may forfeit the

00:22:05.000 --> 00:22:10.720
right and that there will be like that
that forfeit the right to challenge because we

00:22:10.720 --> 00:22:16.920
know that trademark act says that our Act is like
a proposed to use treadmark Act is proposed to use

00:22:16.920 --> 00:22:22.560
so in USA the arrangement is there once treadmark
is registered within 3 months you have to prove

00:22:22.560 --> 00:22:28.360
that yes you are using this particular Mark so and
then it is extensible obviously but that that is a

00:22:28.360 --> 00:22:33.520
very very clear-cut guideline is there in India
they have given a propose to use Arrangement

00:22:33.520 --> 00:22:40.520
is there so here if you are not using it
obviously you are losing the chance of holding

00:22:40.520 --> 00:22:47.960
that particular trademark next is a honest and
bonafied adoption actually and use so defendant

00:22:47.960 --> 00:22:55.840
May assert honest and good faith adoption of that
trademark but again this has to be Court

00:22:55.840 --> 00:23:01.160
will like examine obviously the situation and
then they will decide on whether it is a really

00:23:01.160 --> 00:23:08.200
honest and Bonafide adoption and the use of
that particular so that that is that that may

00:23:08.200 --> 00:23:16.760
be one of the we can say the the defense the
party will give then the concept of a light and

00:23:16.760 --> 00:23:23.160
the cognate Goods trade channels and counter of
a sale so in India what happens the trademarks for

00:23:23.160 --> 00:23:31.120
a similar or deceptively similar products cannot
be used if the goods fall under Allied or cognate

00:23:31.120 --> 00:23:38.320
categories so factors such as the nature and
composition of goods their respective uses

00:23:38.320 --> 00:23:45.960
and then the trade channels used for selling them
are considered to determine if they are a Goods of

00:23:45.960 --> 00:23:53.120
the same description so that is another defense
next is absence of a confusion or deception if

00:23:53.120 --> 00:23:58.440
the defendant can demonstrate that there is
no likelihood of a confusion so it's like a

00:23:59.120 --> 00:24:05.360
that test that primary test we are talking so
defendant have to prove that there will be no

00:24:05.360 --> 00:24:12.400
confusion there will not be kind of any chances
of confusion or deception among the consumers and

00:24:12.400 --> 00:24:18.840
if that is proved by the defendant yes that
may be that that may be considered okay then

00:24:18.840 --> 00:24:25.640
defense was a honest concurrent use actually in
Trad mark it is accepted so the only scenario

00:24:25.640 --> 00:24:32.360
where an identical similar Mark can potentially
be registered is by invoking the defense of honest

00:24:32.360 --> 00:24:40.240
concurrent use so that is the section 12 of the
act so it is allowed so sometimes this is a

00:24:40.240 --> 00:24:46.120
very interesting situation that two trademark
different owners may be in the same locality

00:24:46.120 --> 00:24:52.720
so it is a defense that is a honest concurrent use
okay sometimes it is same locality sometimes it

00:24:52.720 --> 00:24:57.720
is a part different parts of the country different
parts of the state that kind of a situation but it

00:24:57.720 --> 00:25:04.240
is a accepted defense and this happens it happens
naturally there is like honest and concurrent use

00:25:04.240 --> 00:25:09.040
actually okay because none of the party both
parties are there so two parties are there

00:25:09.040 --> 00:25:14.120
none of the parties aware about that somebody else
is using the same trademark because the locality

00:25:14.120 --> 00:25:19.240
is different sometimes sometimes they are not
aware if nearby also this kind of activity is

00:25:19.240 --> 00:25:26.520
going on so that should be proved okay so that is
allowed okay now the next penalties and reliefs in

00:25:26.520 --> 00:25:32.400
a trademark infringement so coming towards
the end actually so obviously injunctions are

00:25:32.400 --> 00:25:39.440
there damages are there we have just seen few
details about injunctions damages then accounts

00:25:39.440 --> 00:25:46.280
of profit is there cost of litigation next is
like anten pillar injunction mariva injunction

00:25:46.280 --> 00:25:53.240
johu orders then punitive damages and customer
protection already we have seen this but just

00:25:53.240 --> 00:25:58.920
to quickly we will summarize that which are
the arrangements actually so you you can have a

00:25:58.920 --> 00:26:04.800
traditionally temporary or permanent injunctions
we have already seen that cost of litigation

00:26:04.800 --> 00:26:11.520
whatever the litigation cost the fees of atony and
all that so that you will get account of profits

00:26:11.520 --> 00:26:18.920
that is another one actually so injunction
wise we can say that the temporary permanent

00:26:18.920 --> 00:26:25.880
we have already seen that details damages monetary
damages calculation is done and depending on

00:26:25.880 --> 00:26:33.560
that the the judgment is given account of profit
is like a court ordered the infringer to account

00:26:33.560 --> 00:26:41.160
for the profits derived from the unauthorized
usage so whatever the generation of Fortune is

00:26:41.160 --> 00:26:48.520
there by using this counterfeit product so that
account of profit he he or she should that

00:26:48.520 --> 00:26:53.400
entity should show and then that account of
profit will be the whatever that amount is

00:26:53.400 --> 00:26:59.840
there they have to give back to the plenti next
is like a cost of litigation another important

00:26:59.840 --> 00:27:07.800
because litigation that is a costly Affair so that
cost of litigation the party can get the relief

00:27:07.800 --> 00:27:13.240
okay so that relief Anton pillar order we have
already seing that Empower Supply if to conduct a

00:27:13.240 --> 00:27:18.520
surprise surprise suches like they are giving the
you the authority to enter the premise and to do

00:27:18.520 --> 00:27:24.760
the check whether really the the any infringement
happen then mariva injunction we have already seen

00:27:24.760 --> 00:27:32.360
that it is a the you cannot do any activity
related to your assets or products and that

00:27:32.360 --> 00:27:40.080
that if so that if any kind of Damages or any
kind of a compensation you have to give to the

00:27:40.080 --> 00:27:47.960
party you your assets you can that assets are
frozen so the recovery will be easy in that case

00:27:47.960 --> 00:27:53.200
next is like a jnu order is there so these are
issued in cases where the identity of infringer

00:27:53.200 --> 00:27:59.640
anonymous it is a unknown entity is there and
order is in in your hand so anytime if such

00:27:59.640 --> 00:28:04.440
kind of a situation happen you can directly take
a help of police and you can take direct you can

00:28:04.440 --> 00:28:10.560
take a direct action on that particular infringer
punitive damages are there so in cases of that

00:28:10.560 --> 00:28:16.920
U deliberate or malicious infringement if it is
done Court May award that punitive damages okay

00:28:16.920 --> 00:28:22.400
so that is that Arrangement is also there okay
next is custom protection we have already seen

00:28:22.400 --> 00:28:29.080
that custom protection so arrest is possible and
confiscating that particular counter F product is

00:28:29.080 --> 00:28:37.240
also the authority of that custom okay so custom
officer can do this okay so these are the we can

00:28:37.240 --> 00:28:45.960
say the remedies now we are coming towards end
so just quiz jnu order we have discussed

00:28:45.960 --> 00:28:52.320
it just write down about what exactly you have
understood by the johu order okay so you can just

00:28:52.320 --> 00:28:58.200
talk about the J order and with this we are coming
to the end of the session so in the next session

00:28:58.200 --> 00:29:05.920
so in the next session we will talk about the
the different cases related to that treadmark

00:29:05.920 --> 00:29:13.120
okay so with this we are coming to the end of
this session see you in the next session thank you