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India: Bar codes can be protected as trademarks

2021 years 1 month 12 day, The Delhi High Court of India vs Global Barcodes SL The company issued a permanent injunction. in GS1 India v Global Barcodes SL Wait for the case, The plaintiff is a standards agency, Includes for Indian manufacturers and suppliers "890" Coded barcode number.

"890" Coding and additional 10 Use both numbers together, So make up a 13 Digit bar codes, To illustrate the quality of a product, Determine the country of origin and quantity of the product and provide other manufacturing information.

The plaintiffs are international organizations that set labeling standards for products worldwide "International article coding Organization" (GS1) The only authorized agency in India. The standards body is right www. indiabarcodesship. com and india-barcodesstore. com Website operator Global Barcodes SL Initiate a lawsuit, The reason for this is that it published the inclusion "890" Coded bar code.

The plaintiff is trying to prevent the defendant from publishing the barcode numbers. Plaintiff claims, The defendant's conduct did not only deceive consumers, To misunderstand the quality of the products they buy and other product information, And its behavior is tantamount to trademark infringement. New Delhi Chadha & Chadha Sonal, a partner at the firm.Madan (Sonal Madan) representation: "Trademark infringement of barcodes has emerged. In addition, Counterfeiting is also a bigger problem, In particular, counterfeiting in the market for necessities during the COVID-19 pandemic. "

2020 years 5 month, The court granted a temporary injunction, Network service provider (ISP) The defendant's website was blocked. 2021 years 1 month 12 day, The defendant did not appear in court. The court granted an injunction against the defendant, Order the defendant to pay the plaintiff 2000 Damages of Rs. Lakh, And order ISP Block or take down the domain name in question.

The court also made another court order, In order to prevent other defendants from Global Barcodes SL Provide services. "Barcodes play an important role in the global fight against counterfeiting.

This case protects bar codes as certification marks. Such precedents are consumers, retailer, Brand owners and other stakeholders in the supply chain provide effective protection. " "

Therefore, The high court acknowledged '890' The decision to certify the trademark will serve as an effective deterrent to infringers of machine-readable coding authentication. "

(Compiled from asiaiplaw. com)

Reprinted from China Intellectual Property Network  translation: Rason group proofread: Wang Dan

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