NASCAP is a not-for-profit company registered in India under Section 8 of the Companies Act 2013. It has been set up in 2018 to provide a shared platform for all stakeholders in government, private sector, and civil society to come together to tackle effectively the growing menace of theft of trade secrets, counterfeit products and piracy.
A very large number of counterfeit and pirated products put the health and safety of consumers at risk. At the same time, the sale and distribution of counterfeit and pirated products activities negatively impact tax revenues, profits and legitimate jobs.
No country is immune to these impacts. According to a report by FICCI CASCADE estimated loss to only 7 industry sectors in India was Rs. 1,05,000 crores in 2013-2014, with an increase of 44% between 2011-12 and 2013-14. The total revenue loss to the government on account of illicit trade was Rs. 39,000 crores in 2013-14 from these 7 sectors alone.
Some of the factors responsible for existence and continuity of the grey market are: high profitability, large market size, tax arbitrage, small investment and technology requirements needed by illicit traders, easy access to distribution channels, and ease of concealing operations coupled with inadequate enforcement.
NASCAP seeks to deter and stop trade secret theft, counterfeiting and piracy by bringing all stakeholders into its ambit to improve the level of awareness and engagement for effective detection, investigation, prosecution and litigation to protect Intellectual Property Rights.
NASCAP membership includes a diverse range of stakeholders across industry, government, enforcement agencies (judiciary, prosecutors, police and customs), academia, industry associations, IP law firms, civil society organizations as well as individual stakeholders such as field investigators, cyber & e-commerce experts, IP lawyers and students.
“Counterfeit trademark goods” mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the trademark law of India.
“Pirated copyright goods” mean any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of copyright under the copyright law of India.
“A trade secret is defined as any information that is: (1) not generally known to the relevant business circles or to the public; (2) confers some sort of economic benefits on its owner. This benefits must derive specifically from the fact that it is not generally known, and not just from the value of the information itself; and (3) the subject of reasonable efforts to maintain its secrecy. A trade secret continues for as long as the information is maintained as a trade secret.”