Friday, October 28 2022   \  Published by Asia IP Law .

Brand owners should have mechanisms for monitoring IP infringing content

Brand owners should have mechanisms for monitoring IP infringing content

Brand owners should have mechanisms for monitoring content that may infringe their intellectual property and then take swift action after discovering such content.

Rahul Bajaj, an attorney at Ira Law in New Delhi, made the statement in connection with the Delhi High Court’s recent order to Amazon India to take down the Pakistani-manufactured beverage named Rooh Afza from its product listing.

The order came after Hamdard National Foundation filed a plea before the court. A representative said that Hamdard Laboratories (India), founded in Old Delhi in 1906, owns the trademark to the beverage which the company began manufacturing in 1907. The packaging of the beverage products listed in Amazon did not contain details of their Pakistani manufacturers.

First marketed as a medicine in 1907, Rooh Afza is one of India’s most preferred drinks during the summer months. A mixture of mint, rose and other cooling agents, the time-honored beverage is also popular during Ramadan.

Then came the partition of India in 1947. In accordance with the Indian Independence Act 1947, British India was divided into two: India and Pakistan. The latter was composed of five provinces, one of which was to become an independent country in 1971, Bangladesh. Read more

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