Snapdeal, four Indian shopping complexes figure in US Notorious Markets List
Washington: Snapdeal, one of India's largest e-commerce platforms, along with four Indian shopping complexes, two of them in New Delhi alone, have figured in the latest 2020 Review of Notorious Markets for Counterfeiting and Piracy issued by the Office of the US Trade Representative.
The four Indian markets that have found mention in the list are Heera Panna in Mumbai, Kidderpore in Kolkata and Palika Bazaar and Tank Road in Delhi.
Aizawl's Millennium Center was mentioned in the last list of notorious markets, but now it has been replaced by Palika Bazaar.
"Holding intellectual property rights violators accountable and ensuring that American innovators and creators have a full and fair opportunity to use and profit from their work is critical for both physical and online markets," US Trade Representative Robert Lighthizer said.
In addition to addressing the role of e-commerce in facilitating the sale of pirated and counterfeit goods, the 2020 Review of Notorious Markets identifies 39 online markets and 34 physical markets that are reported to be engaged in or have facilitated substantial trademark counterfeiting and copyright piracy.
The report includes for the first time a section addressing the role of internet platforms in facilitating the importation of counterfeit and pirated goods into the United States.
"Today, the greatest risk of importation of counterfeit and pirated goods, harming both US content creators and US consumers, is posed not by foreign flea markets and dark web sites but by inadequate policies and inadequate action by e-commerce companies that market and sell foreign products to American consumers," Lighthizer said.
"Combatting piracy and counterfeits will require sustained effort by both the federal government and by companies that profit from the sale of such goods," the official said.
Although the majority of counterfeit goods seized by American law enforcement agencies originate in China and Hong Kong ? 92 per cent by value the problem is global, with additional major points of origin, including India, Singapore, Thailand, Turkey, and the United Arab Emirates, the report said.
The USTR said Snapdeal remains a concern for right holders who report that the volume of counterfeit products on this platform has increased over the past year.
"According to a November 2018 survey, 37 per cent of purchasers reported that they had received a counterfeit product from Snapdeal. In July 2019, Snapdeal's founders were accused of criminal conduct in India for selling counterfeit products there. Right holders have also sued Snapdeal for selling counterfeit goods," it said.
The USTR said Heera Panna, a major indoor market located at the heart of Mumbai, reportedly offers high quality counterfeit watches, footwear, apparel, accessories, and cosmetics. Right holders warn that counterfeit cosmetics sold at this market have health and safety risks.
Locally known as "Fancy Market", Kidderpore in Kolkata reportedly sells counterfeit consumer electronics, apparel, cosmetics, and pirated software and media, often at wholesale quantities, the report said.
Palika Bazaar, the underground market in Delhi is reportedly well-known for the trade of counterfeit products. Many shoppers are reportedly students and other young people who want trendy products at cheap prices. The market is also a popular destination for tourists, the USTR said.
According to the report, Tank Road continues to sell counterfeit products, including apparel and footwear. Wholesale counterfeit goods are also reportedly supplied from this market to other Indian markets, including Gaffar Market and Ajmal Khan Road.
Right holders report that conducting enforcement actions at this location is expensive and challenging, and sellers often appear to have advanced knowledge of raids, limiting their effectiveness, it said.
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Delhi court sentences Haryana gangster Vikas Gulia, associate to life imprisonment
New Delhi (PTI): A Delhi court has sentenced Haryana gangster Vikas Gulia and his associate to life imprisonment under MCOCA provisions, but refused the death penalty saying the offences did not fall under the category of 'rarest of the rare cases'.
Additional Sessions Judge Vandana Jain sentenced Gulia and Dhirpal alias Kana to rigorous imprisonment for life under Section 3 (punishment for organised crime) of the Maharashtra Control of Organised Crime Act (MCOCA).
In an order dated December 13, the judge said, "Death sentence can only be awarded in 'rarest of the rare cases' wherein the murder is committed in an extremely inhumane, barbarous, grotesque or dastardly manner as to arouse umbrage of the community at large."
The judge said that on weighing the aggravating and mitigating circumstances, it could be concluded that the present case did not fall under the category, and so, the death penalty could not be imposed upon the convicts.
"Thus, both the convicts are sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs 3 lakh each, for committing the offence under Section 3 of MCOCA," she said.
The public prosecutor, seeking the death penalty for both the accused, submitted that they were involved in several unlawful activities while they were on bail in other cases.
He argued that the accused had shown no respect for the law and acted without any fear of legal consequences, and therefore did not deserve any leniency from the court.
The court noted that both convicts were involved in offences of murder, attempt to murder, extortion, robbery, house trespass, and criminal intimidation. Besides, they had misused the liberty of interim bail granted to them by absconding.
It said, "The terror of the convicts was such that it created fear psychosis in the mind of the general public, and they lost complete faith in the law enforcement agencies and chose to accede to the illegal demands of convicts. Despite suffering losses, they could not gather the courage to depose against them."
The court noted that Gulia was involved in at least 18 criminal cases, while Dhirpal had links to 10 serious offences.
It underlined that MCOCA had been enacted "keeping in view the fact that organised crime had come up as a serious threat to society, as it knew no territorial boundaries and is fuelled by illegal wealth generated by committing the offence of extortion, contract killings, kidnapping for ransom, collection of protection money, murder, etc."
Both accused persons had been convicted on December 10 in a case registered at Najafgarh police station. The police filed a chargesheet under Section 3 (punishment for organised crime) and 4 (punishment for possessing unaccountable wealth on behalf of member of organised crime syndicate) of MCOCA.
