Awareness

AWARENESS

NASCAP works to raise awareness about the key role of the intellectual property system in promoting creativity and innovation for development of knowledge-based industries and businesses, stimulating authorized international trade, and creating a favorable climate for business collaborations and foreign direct investment. Its seek to create a culture of respect for intellectual property rights (IPR). This promotes consumer trust and protection against health and safety hazards of counterfeit and pirated goods.

NASCAP’s  awareness creation activities include online and offline publicity campaigns, awareness events , newsletters, panel discussions, etc. 

The target audience includes policy makers, general public, students, farmers , IP creators and right holders, entrepreneurs, start-ups, micro, small and medium enterprises (MSMEs).

“Counterfeit trademark goods” shall 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 law of the country of importation;
“pirated copyright goods” shall 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 a copyright or a related right under the law of the country of importation.

Preamble to NASCAP Arbitration Code:

The NIAM Arbitration Code, 2019 effective February, 2019 are adapted from the enactment of World Intellectual Property Organization (“WIPO”), 2014 and are in Compliance to Indian Arbitration and Conciliation Act, 1996, as amended till date.  
 
The Code is aimed to deal with increasing complexity of disputes involving violations of Intellectual Property Rights, Cyber Laws, E-Commerce, and Techno-Commercial Contracts, wherein special inputs in multidisciplinary subjects like Law, Sciences, Mathematics, Engineering and Accountancy is required to adjudicate matters in an expedited manner.  The provisions of the Code will be invoked upon any consenting parties agreeing to adjudicating disputes under the Rules and Regulations framed herein under, as amended from time to time. 
 
The Code is applicable to all parties within the Republic of India, or with International Part(ies), having at-least One Party to dispute within the jurisdiction of Republic of India.
 
 

The Model Arbitration Clause for contracts to be used:

“All disputes arising out of or in connection with the present contract shall be determined by arbitration administered under the NIAM Arbitration Code, 2019 of NASCAP IPR Arbitration & Mediation Center. The Abstraction shall be conducted by sole/ three/ five Arbitrator(s) appointed in accordance with the said Code. The place of Arbitration shall be _____________ and language will English. 
 
Optional: The parties agree, pursuant to Article 37 (d) that the Expedited Procedure shall apply irrespective of the amount in dispute”. 

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