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LEGALITIES
RODUCTS LIKE
soft drinks, toiletries,
pharmaceutical drugs,
packed eatables such
as frozen meat etc.,
dairy products and
baked goods are termed as fast moving
consumer goods (hereinafter FMCGs)
or consumer packaged goods. These
are non-durable goods to be sold
in shops and supermarket shelves
at relatively lower costs. FMCGs
business drives on branding and
brand protection. Brand plays a key
role in the identification of source/
manufacturer of goods. Brand strategy
plays a primordial role in product
identication and goodwill association.
But look-alike and counterfeit drugs
having identity (either Phonetic or
ocular) with the original goods can
cause confusion in the mind of the
consumers who normally possess
imperfect recollection. In India, 80
per cent of consumers get duped while
buying FMCGs into believing that they
are buying authenticate/original goods;
says a report of Federation of Indian
Chamber of Commerce and Industry.
The author is Assistant Professor of Intellectual Property Laws, Faculty of Law, University of Delhi. Area of interest is IP law and Data
Security Laws.
48
YE-360/2014