Monthly Archives: April 2016

April 18, 2016

There is effectively no law in India against false advertising and unfair trade practices. The frequent news stories of big brands indulging in false advertising should be no surprise. As there is no law, businesses are free to be uninhibited in advertising. Whereas businesses do not have “rules of the game” to engage in fair competition, the end loser is the consumer, left in a web of false claims and half truths. Curiously, we started out with a law protecting against unfair trade practices during the “licence permit raj”, and then dropped it when the economy liberalized and competition came in.
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April 18, 2016

IP rights fought their way into business years ago; infringement originated concurrently. Like many phenomena, business practices have their bright and dark sides. IP rights brought a degree of order, allowing entrepreneurs to take advantage of their findings and creations – be it through patents, trademarks or other means. Infringers have been stepping on their heels ever since.
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April 14, 2016

Although the Competition Act 2010 does not cover the concept of parasitic copying or copycat packaging, in its recent order against Dawn Foods, the Competition Commission broadened the scope of deceptive marketing practices – which are strictly prohibited under Section 10 of the Competition Act 2010 – by recognising unfair competition through the practice of parasitic copying and copycat packaging for the first time in Pakistan.
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